Topic
Will Contest
307 published works
Toronto Estate Law Blog
Preparing for Trial – Hull on Estates #231
Listen to: Preparing for Trial This week on Hull on Estates, Nadia Harasymowycz and Natalia Angelini discuss preparing for trial, specifically when doing a Will challenge. If you have…
Florida Probate & Trust Litigation Blog
New statutory exception to hearsay rules makes it easier to establish validity of contested wills
In un-contested probate proceedings, there are all sorts of issues you can resolve via affidavits without incurring the costs and delays inherent to hauling in live witnesses for an evidentiary…
The New York Probate Litigation Blog
Petitioner Loses Her Standing –And Her Case
New York's Appellate Division recently affirmed a decision of Nassau County Surrogate John Riordan which disinherited the daughter of a decedent who had brought a petition to contest her father's…
Pennsylvania Law Monitor
Battle Between Heirs to the Simon Mall Fortune Highlights Common Will Disputes
Melvin Simon, together with his brother and business associate Herbert Simon, built a business empire upon the then novel concept of the shopping mall. The company that he and his…
New York Trusts & Estates Litigation
Court of Appeals: Extra Deposition Did Not Violate In Terrorem Clause
Last week, the Court of Appeals rendered a significant decision regarding the extent of discovery that may be conducted without triggering an in terrorem clause. In Matter of Singer, objections…
Florida Probate & Trust Litigation Blog
Illinois Supreme Court upholds “Jewish Clause”
I previously wrote here about the so-called “Jewish Clause” at the heart of an Illinois probate battle that’s received a good amount of national attention. The first time around an intermediate appellate…
Florida Probate & Trust Litigation Blog
Can you decide a virtual adoption claim before you fully litigate a related will contest?
McMullen v. Bennis, --- So.3d ----, 2009 WL 2837426 (Fla. 3d DCA Sep 2, 2009) In the linked-to case a will was being contested by a party claiming a stake…
New York Trusts & Estates Litigation
Triggering In Terrorem Clauses With Out-Of-State Will And Trust Contests
Although void in some states, it is well settled that in terrorem or no contest clauses are enforceable under New York law. In a recent case, Surrogate Glen addressed the…
New Jersey Law Blog
Contesting a Will – State Court or Federal Court
Lawsuits over the validity of a Last Will and Testament have become a common form of litigation around the country, as well as in the State of New Jersey. Preparing…
Florida Probate & Trust Litigation Blog
2d DCA: Do you have to both “file” and “serve” to beat the 3-month limitations period for will contests?
Aguilar v. Aguilar, --- So.3d ----, 2009 WL 2169133 (Fla. 2d DCA Jul 22, 2009) If you're going to contest a will one of the first questions you have to…