Topic
Will Contest
307 published works
HEIRS & SUCCESSES
Grandchild left out of Will Awarded $2.55 Million from $29 Million Estate.
Angius v Angius [2025] NSWCA 113 a recent decision of the NSW Court of Appeal affirms that grandchildren may successfully claim provision under the Succession Act 2006 (NSW) if they…
Chicago Business Attorney Blog
Gene Hackman’s Death Underscores Need for Fleshed Out Estate Documents
The recent deaths of Hollywood legend Gene Hackman and his wife of the past three decades, Betsy Arakawa, very close in time to one another have led to a potentially…
The Fiduciary Litigator
Court Holds That Party Waived Appeal By Not Timely Appealing An Order Admitting A Will To Probate
In In re Est. of Wheatfall, a trial court entered an order admitting a will to probate and denying a will contestant’s claims. No. 01-22-00920-CV, 2024 Tex. App. LEXIS 5503…
The Fiduciary Litigator
Court Reversed A Judgment Based On A No-Contest Clause Because After Nonsuiting The Will Contest Pleading, The Trial Court Did Not Have Jurisdiction Over The Defensive Allegations Concerning The Clause
In In re In the Estate of Wegenhoft, an applicant filed an application to probate a will, which contained a no-contest clause. No. 14-23-00350-CV, 2024 Tex. App. LEXIS 5352 (Tex.…
New York Probate Lawyer Blog
New York Will Contests Involve Pre-Objection Discovery
Estate planning in New York is important since it provides a procedure for a person to document the manner in which assets are to be disposed of at death. There…
HEIRS & SUCCESSES
Application to strike out a caveat
A probate caveat is a legal notice that prevents the Supreme Court from issuing a probate grant and temporarily halts an executor from managing the estate. This allows the caveator…
Berk Law Group Blog
A Cautionary Tale: Estate of Rivenburg
By Kent Berk
The Estate of Rivenburg case , though decided in Oklahoma, offers a nuanced illustration of how courts analyze fraud and undue influence, providing insights that can be relevant to similar…
Canadian Lawyer Mag
BC Supreme Court mandates DNA test to determine plaintiff’s claim in will dispute
The plaintiff claimed to be the deceased's child, despite not being named in the will
Canadian Lawyer Mag
BC Supreme Court retains jurisdiction in will dispute, rejects bid to move case to Alberta
The deceased remained ordinarily resident in BC, and the province was the appropriate forum: court
Canadian Lawyer Mag
Ontario Superior Court orders man to vacate family property amid will dispute
He has lived rent-free on the property, with the estate covering utilities, insurance, and taxes