Topic
Will Contest
307 published works
Probate & Estates Blog
Wills and the Dysfunctional Family
By Barry Seidel
Sometimes family members feud. Sometimes it's irreparable (in the eyes of the participants.....I would always beg to differ, but that's another story). Sometimes thoughts of money and mortality will lead…
The Fiduciary Litigator
Court Affirms Denial Of Statutory Bill Of Review From A Trust Contest
In In re Estate of Kam, Kam sought to set aside an order probating her brother's will via a statutory bill of review because he purportedly lacked the requisite testamentary…
New Jersey Law Blog
Who has Standing to File a Will Contest?
Should a person wish to file a Will contest, the first threshold issue which must be addressed is whether that person has standing to file a Will contest. In general,…
New Jersey Law Blog
Undue Influence in a Will Contest
One of the potential causes of action pursuant to which a party may seek to invalidate a Will is based upon an allegation that undue influence was exerted against the…
Wills, Trusts & Estates Prof Blog
Ken Thompson’s Mother Claims She Was Axed from Her Son’s Will
The late Brooklyn District Attorney Kenneth Thompson’s mother claims she was stiffed of a promised portion of her son’s estate when his wife coerced the ill prosecutor into signing a…
New Jersey Law Blog
The Initial Hearing During a Will Contest
Once a party has decided to contest a Will, the question then becomes what is the next step in this process. The first pleadings that Plaintiff’s counsel prepare for the…
New Jersey Law Blog
Types of Witnesses During A Will Contest
In ruling upon the validity of a contested Last Will and Testament, there are numerous witnesses whom a Court may hear testimony from in deciding whether to invalidate the will.…
Florida Probate & Trust Litigation Blog
In a Will contest, will a decedent’s confidential communications with her estate planning attorney remain confidential?
The promise of confidentiality is at the heart of the lawyer-client relationship. Confidentiality is so important, it's guaranteed under both our ethics rules (Rule 4-1.6) and our evidence code (F.S.…
Wills, Trusts & Estates Prof Blog
Electronically Stored Information Inspected for Evidence in Will Contest
Recently, during discovery in a will contest, a New York Surrogate court forced the drafting attorney of a will to fork over his computer. In In re Nunz, the court…
Wills, Trusts & Estates Prof Blog
Article on How to Deal with Will Contests Over Testamentary Capacity
Richard B. Keeton recently published an Article entitled, Balancing Testamentary Incapacity and Undue Influence: How to Handle Will Contests of Testators with Diminishing Capacity, 57 S. Tex. L. Rev. 53…