Skip to main content

Topic

Will Contest

307 published works

  1. 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…

  2. The Fiduciary Litigator

    Court Affirms Denial Of Statutory Bill Of Review From A Trust Contest

    By David Fowler Johnson

    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…

  3. New Jersey Law Blog

    Who has Standing to File a Will Contest?

    By Paul W. Norris

    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,…

  4. New Jersey Law Blog

    Undue Influence in a Will Contest

    By Paul W. Norris

    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…

  5. Wills, Trusts & Estates Prof Blog

    Ken Thompson’s Mother Claims She Was Axed from Her Son’s Will

    By Gerry W. Beyer

    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…

  6. New Jersey Law Blog

    The Initial Hearing During a Will Contest

    By Paul W. Norris

    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…

  7. New Jersey Law Blog

    Types of Witnesses During A Will Contest

    By Paul W. Norris

    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.…

  8. Florida Probate & Trust Litigation Blog

    In a Will contest, will a decedent’s confidential communications with her estate planning attorney remain confidential?

    By Juan C. Antúnez

    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.…

  9. Wills, Trusts & Estates Prof Blog

    Electronically Stored Information Inspected for Evidence in Will Contest

    By Gerry W. Beyer

    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…

  10. Wills, Trusts & Estates Prof Blog

    Article on How to Deal with Will Contests Over Testamentary Capacity

    By Gerry W. Beyer

    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…