Topic
Will Contest
307 published works
New Jersey Law Blog
Defending a Will Contest
In many of my previous blogs I have discussed the procedure involved in contesting a Last Will and Testament. This blog shall focus on other side of the equation, the…
California Trust, Estate & Probate Litigation
Not too much…and not too few: Reciting the facts of your California Trust or Will lawsuit
https://www.youtube.com/watch?v=22e-B2pQshk&feature=youtu.be When you are faced with a California Trust or Will lawsuit, you have to respond. But what does a response look like? How much do you have to…
Virgin Islands Law Blog
Several Factors May Result in a Challenge to a Will
Challenging a will is often a very difficult process. An overwhelming majority of wills go through the probate process without much problem, which means their validity is verified. Unless there…
The Fiduciary Litigator
Court Affirms Dismissal Of Will Contest Based On Public Policy Arguments Arising From Sexual Abuse Allegations
In Merrick v. Helter, a daughter who accused her father of sexual abuse attempted to void her father’s will based on public policy grounds. No. 03-14-00708-CV, 2016 Tex. App. LEXIS…
MATTERS of TRUST
Taking the Terror out of “In Terrorem Clauses”
By Robert Paine
[caption id="attachment_2012" align="aligncenter" width="1024"] The Scream by Edvard Munch, 1893.[/caption] A Testator cannot be allowed to hamper so fundamentally such a vital right to seek redress for grievances through due…
Wills, Trusts & Estates Prof Blog
Article on Family Provision Will Contests
Ben White, Cheryl Tilse, Jill Wilson, Linda S. Rosenman, Kelly Purser, & Sandra Coe recently published an Article entitled, Estate Contestation in Australia: An Empirical Study of a Year of…
Wills, Trusts & Estates Prof Blog
Article on How Will Contestation Affects Will Making
Cheryl Tilse, Jill Wilson, Ben White, Linda S. Rosenman, & Rachel Feeney recently published an Article entitled, Having the Last Word? Will Making and Contestation in Australia (2015). Provided below…
Wills, Trusts & Estates Prof Blog
Steps to Defending a Will Contest
A will contest commences when the executor is served with a Verified Complaint, seeking to invalidate the will. Assuming the contest was filed within the statute of limitations, the executor…
The Fiduciary Litigator
Court Voided Judgment Based On Family Settlement Agreement Where Party Revoked Consent
In In re Estate of Spiller, a party appealed an order admitting a will to probate and ordering the independent administrator to distribute the estate in accordance with a family…
The Fiduciary Litigator
Court Affirms A Rule 202 Pre-Suit Deposition Order In A Will Contest And Discusses The Acceptance-Of-The-Benefits Doctrine
In In re Meeker, individuals sought a mandamus to reverse a trial court’s order granting a Rule 202 pre-suit deposition order. No. 02-16-00103-CV, 2016 Tex. App. LEXIS 6883 (Tex. App.—Fort…