Topic
Will Contest
307 published works
The Fiduciary Litigator
Court Reversed Summary Judgment Based A No-Contest Clause
In Estate of Wynn, William Reese Wynn, Sr. died in 2021, leaving a will from 2003 that primarily benefited his wife Susan. No. 10-23-00187-CV, 2025 Tex. App. LEXIS 9682 (Tex.…
New York Probate and Estate Administration Lawyer Blog
An Heir Lacks Standing to Object to a Will if They Benefit More Under the Will Than Through Intestacy. Matter of Kelman, 2023 NY Slip Op 50914(U) (Sur. Ct. Suffolk County Aug. 3, 2023)
In New York probate proceedings, not every family member has the right to object to a will. A person must have standing, meaning that the person must show that probate…
New York Probate and Estate Administration Lawyer Blog
Richmond County Surrogate Court Replaces Nominated Fiduciary With Neutral Public Administrator. Matter of Barmapov, 2022 NY Slip Op 34438(U) (Sur. Ct. Richmond County Dec. 8, 2022)
When family members are fighting over a will, disputes often arise over who should manage the estate while the probate proceeding is pending. Even when a person is nominated in…
Legal Futures Blog
Assistance in discovering wills of a serial will writer
By Legal Futures Associate OneAdvancedToday’s modern age of increasingly complex family structures, a greater reliance on receiving inheritance, an increase in the value of assets owned, and an increased awareness…
HEIRS & SUCCESSES
Corbould v Gay [2026] NSWSC 385: Close Personal Relationship & Family Provision in NSW
Can a friend contest a Will in NSW? In New South Wales, the Succession Act 2006 (NSW) gives priority to spouses and relatives in estate claims. Friends do not have…
The Fiduciary Litigator
Court Affirms Finding That Settlor Did Not Have Capacity To Execute A New Will Based On Conflicting Evidence After A Jury Trial
In Bernsen v. Allison, the settlor signed a new will in December of 2012 that left everything to his daughter and omitted the children from his deceased son. No. 14-22-00902-CV,…
Archer Estate & Trust Litigation Law
Trial Court Addresses Individual’s Standing to Contest a Will
In re Estate of Foster, MON-P-422-24 (N.J. Super. Ct. Ch. Div. March 2, 2026) Lois Foster (“Decedent”) died on August 11, 2022, after purportedly executing a last will in June…
The Fiduciary Litigator
Courts Grant Mandamus To Compel Arbitration In A Will Dispute
In Hollingsworth v. Swales, Richard C. Harris (R.C.) executed a will in 2017 and a codicil in 2020, which contained an arbitration provision. No. 10-23-00018-CV, 2025 Tex. App. LEXIS 871…
Pennsylvania Divorce and Domestic Relations Blog
‘Great Expectations’: A Look at a 21st Century Will Contest.
By Mark Ashton
Until the dawn of this (21st) century estate plans were pretty simple. Estate attorneys even dubbed them “I love you” wills. Mom and Pop were retired, lived in their house…
The Fiduciary Litigator
Texas Supreme Court Holds That An Order Admitting A Will To Probate Was Not A Final Order Because It Did Not Resolve A Will Contest
In In the Estate of Wheatfall, after Hugh Wheatfall died in 2018, Isaiah Wheatfall filed for letters of administration in February 2019, claiming intestacy, and Theresa DeBose filed to probate…