Topic
Will Contest
307 published works
Wills, Trusts & Estates Prof Blog
Will Contestants Claim Beneficiary Applied Undue Influence
I have previously discussed the dispute surrounding Geraldine Webber's last will and trust. Those contesting the will claim that “Police Sgt. Aaron Goodwin exerted undue influence over Webber, while she…
Wills, Trusts & Estates Prof Blog
Family Files Suit Against Attorney Reaping Millions From Will
When Robert Mardigian wanted to put his financial affairs in order, he turned to his longtime friend and attorney, Mark Papazian. Mr. Papazian subsequently drafted a will and trust that…
Leaving A Loving Legacy
Can Wills be challenged? Absolutely! A disowned daughter and an almost-disowned son prove that it is possible to do so even when the grounds for the challenge are legally dubious!
A lot of people think that if a Will was executed under a supervision of an attorney, then the Will is a rock solid instrument that cannot be challenged. However,…
Leaving A Loving Legacy
Can a Will be Contested? Part 1 (Undue Influence)
There are several ways in which a Will can be challenged. The three main reasons for contesting the Will include: Proper execution of a WillWhether the decedent had testamentary capacity to…
Wills, Trusts & Estates Prof Blog
Overturning Wills Created Under Suspect Circumstances
An incident from Florida offers excellent instruction on how to combat a will created when the testator suffered diminished capacity and was being unduly influenced. In this case, the Testator…
Florida Probate & Trust Litigation Blog
4th DCA: Is a spousal undue influence claim viable under Florida law?
Blinn v. Carlman, --- So.3d ----, 2015 WL 1223665 (Fla. 4th DCA March 18, 2015) (trial-court order) Who bears the burden of proof is often a decisive factor in will…
Wills, Trusts & Estates Prof Blog
Secret Daughter Makes Extravagant Claims in Will Contest
The secret daughter of billionaire mining heir Michael Wright has launched an will contest, claiming she should be provided with a $2.5 million house, a $250,000 diamond-studded bass guitar, $1.2…
Wills, Trusts & Estates Prof Blog
Judge Rejects Racist Will
This week a Newmarket, Ontario judge overturned a man’s last will and testament because his deathbed pleas were overtly racist. Judge C.A. Gilmore overturned Jamaican-born Rector Emanuel (Eric) Spence’s will, because…
California Trust, Estate & Probate Litigation
How Long Will it Last? A California Trust and Will Contest Can Take Some Time…
If you are not familiar with the Court system in California, you may be surprised how long a case can last in our Court system. In this video, Stewart R.…
New Jersey Law Blog
Challenging the Capacity of the Testator to Execute a Will
It is not uncommon that a Will may be executed by a decedent either relatively close to the time they pass away, or even immediately prior to their passing. If…