Topic
Will Contest
307 published works
New Jersey Law Blog
Contesting a Will In New Jersey
It is an eventuality that virtually all of us will face sometime during our lives, the loss of a loved one. Whether this loved one is one of your parents,…
The New York Probate Litigation Blog
Son’s Attempt To Establish Undue Influence Fails
The issue of undue influence was revisited recently by the Appellate Division in the Matter of Thaddeus Klingman 875 N.Y.S. 2d(A.D. 2 Dept 2009). Mr. Klingman learned the terrible news…
The New York Probate Litigation Blog
Back Door Post Probate Will Challenge Fails On Motion
Edward Rogowsky died in March 2001 after leaving the stock in his Brooklyn coop to his life partner of fifteen years, Peter McGarry. The decedent's will also named McGarry as…
Nonprofit Law Prof Blog
Australian Charities Lose Bequests After Families Challenge Wills
Australia's Courier-Mail reports that relatives are increasingly challenging wills in court, costing charities millions of dollars in bequests despite the wishes of the deceased. The Brisbane-based Australian Centre for Philanthropy…
Florida Probate & Trust Litigation Blog
Will contest casts a shadow on a prominent St. Petersburg estate-planning lawyer who stands to gain millions
Tampa probate litigator Russell R. Winer was kind enough to point me to an interesting will-contest story in the St. Petersburg Times by staff writer Chris Tisch entitled A will…
Florida Probate & Trust Litigation Blog
Pre-death will contests: Can guardianship litigation preempt a will contest?
Florida law couldn't be clearer, F.S. 732.518 tells us in no uncertain terms that you can't contest a will until after the testator dies. But that doesn't necessarily mean you…
New Jersey Law Blog
Claim of Undue Influence Resolved by Court Before Death of Testator
A will is obviously prepared when a individual is still alive. A will contest usually comes about after the individual dies. However, a California Appellate Court has recently decided that…
Toronto Estate Law Blog
Who Has Standing to Bring a Will Challenge?
As I am sipping on my coffee this morning, I am thinking to myself, who can commence a will challenge? A will challenge can be commenced pursuant to 75.06(1) of…
Pennsylvania Fiduciary Litigation
Make a Federal Case Out of It
Thanks to Vickie Lynn Marshall your next will contest may be in federal court. You probably know her as Anna Nicole Smith - the 1993 Playmate of the Year and…
Nonprofit Law Prof Blog
Four Charities Lose Court Fight for $8m Estate
Four charities in the Boston area lost their court battle to have the will of Leonard R. Brener, a stockbroker, overturned. Five weeks before his death from a long bout…