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Will Contest

307 published works

  1. The New York Probate Litigation Blog

    Some Pointers About Rebutting The Presumption Of Competence

    By Philip Bernstein

    The issue of competence is quite often at the center of will contests. Until it can be proved otherwise, the mental competence of the decedent is presumed. Rebutting this presumption…

  2. Wills, Trusts & Estates Prof Blog

    Son Contests Father’s Will Claiming Father Was Not of Sound Mind When He Reduced Son’s Inheritance

    By Gerry W. Beyer

    The following is from Richard Osley, Son of Annabel's founder to challenge father's will, news.independent.co.uk, Nov. 11, 2007.Robin Birley, the son of a legendary nightclub Annabel’s founder Mark Birley, has…

  3. Delaware Corporate & Commercial Litigation Blog

    Will Contest Fails

    By Francis Pileggi

    I/M of Purported Last Will and Testament of McElhinney, 2007 WL 2896013 (Del. Ch., Oct. 1, 2007), read opinion here. This Chancery Court decision rejected an effort to contest the…

  4. The New York Probate Litigation Blog

    Deposition Of Attorney-Drafter Of Prior Will Held Violation Of In Terrorem Clause

    By Philip Bernstein

    A recent decision of Kings County Surrogate Margarita Lopez Torres in In Re Will Of Singer 841 N.Y.S.2d 212 has cost  a son his legacy under his father's will. In…

  5. Delaware Corporate & Commercial Litigation Blog

    Will Contest Decided by Chancery

    By Francis Pileggi

    In  Tucker v. Lawrie, (Del. Ch., Aug. 17, 2007), read opinion here,  the Chancery Court decided that the most recent Will signed by the deceased was not entered into while…

  6. The New York Probate Litigation Blog

    FBI Interested In Will Contests

    By Philip Bernstein

    The PA Elder,Estate & Fiduciary Law Blog has reported that the Federal Bureau of Investigation has become interested in certain will contests and  estate litigation . While most of us…

  7. Wills, Trusts & Estates Prof Blog

    The FBI-Will Contest Interface

    By Gerry W. Beyer

    Neil E. Hendershot, author of the the PA Elder, Estate & Fiduciary Law Blog, is posting a series of articles discussing the FBI's involvement with trust and estate matters.His first…

  8. Wills, Trusts & Estates Prof Blog

    An action against the trustees would violate a no-contest clause

    By Gerry W. Beyer

    Several descendants of William Randolph Hearst brought an action under Cal. Prob. Code 21320 to determine if their proposed action against the trustees of the Hearst’s testamentary trust alleging that…

  9. Wills, Trusts & Estates Prof Blog

    Nina Wang Update

    By Gerry W. Beyer

    Continuing from an earlier discussion on this blog, Nina Wang's vast estate valued at over $4 billion may be passing to Tony Chan Chun-chuen, a 48 year old businessman who…

  10. Florida Probate & Trust Litigation Blog

    New York Probate Court Rejects Will Leaving $5 Million to Former Lawyer

    By Juan C. Antúnez

    The will contest reported on in Surrogate Rejects Will Leaving $5 Million to Former Lawyer is interesting because it highlights the distinction between an ethics violation and a breach of…