Topic
Will Contest
307 published works
Wills, Trusts & Estates Prof Blog
New York Court Conducts In Depth Analysis Of Lack of Testamentary Capacity Will Contest
In Matter of Falkowsky, the New York Supreme Court, Appellate Division, Second Department, "affirmed a decree made after a nonjury trial which in effect granted objections alleging lack of testamentary…
Archer Estate & Trust Litigation Law
Court Awards Fees To Plaintiff In Will Contest Because He Had Reasonable Cause To File His Complaint
In re Estate of Grischuk, A-3890-18, 2021 WL 3160466 (N.J. Super. App. Div. July 27, 2021). This appeal encompassed a will contest and a dispute as to counsel fees. The…
Wisconsin Trial Lawyers Blog
What Are My Options if I Was Excluded from a Loved One’s Will?
By GRGB Lawyers
By: Attorney Erin Strohbehn When a person creates a last will and testament, they will make decisions about what should be done with their property and assets after their death.…
New York Probate Lawyer Blog
A New York Will Contest Requires Substantive Evidence to Proceed
When a person dies and leaves a Last Will and Testament, the validity of the document is subject to the probate process. The estate laws and procedures provide that a…
Canadian Lawyer Mag
COVID restrictions do not defeat will-maker’s intentions: B.C. Supreme Court
Court exercised curative powers under the WESA to give effect to will-maker's intentions
The Fiduciary Litigator
Texas Supreme Court Holds That A Beneficiary May Not Accept Any Benefit From A Will And Then Later Challenging The Will
In In the Estate of Johnson, a child of the decedent accepted over $143,000 from the decedent’s estate and then decided to challenge the will due to mental capacity and…
Wills, Trusts & Estates Prof Blog
Article: Probate Litigation
David Horton and Reid K. Weisbord recently published an article entitled, Probate Litigation, Wills, Trusts, & Estates Law ejournal (2021). Provided below is the abstract to the Article: The field of…
New York Probate Lawyer Blog
A New York Will Contest Needs Substantive Evidence to Succeed
Contesting a Last Will in New York is a complex and difficult endeavor. The problem initially encountered, of course, is that the decedent is not available to explain exactly what…
New Jersey Law Blog
Challenging the Transfer of Non-Probate Assets
Suppose a party seeks to challenge a decedent's last will and testament based upon claims of competency or the improper assertion of undue influence. In that case, this contestant may…
Trust on Trial
“Mental Health Disorder” Must Be Proven Along with Delusion
When are delusions enough to invalidate an estate plan? The California Court of Appeal addressed that issue earlier this month in Eyford v. Nord (2021) 62 Cal.App.5th 112. The case…