Topic
Will Execution
32 published works
Leaving A Loving Legacy
Are you at risk to have your Will invalidated?
A Will execution has many formalities - ensure that your attorney actually knows them!Most people think that writing and signing a Will is easy. I often hear from friends "Any attorney…
Wills, Trusts & Estates Prof Blog
Case Summary on Attestation of a Will
ATTESTATION: Witnesses’ signatures on loose page did not prevent finding of due execution. The decedent’s will consisted of six loose pages, numbered consecutively with a running footer declaring the pages…
Wills, Trusts & Estates Prof Blog
Article on Degree of Compliance for Wills Act Formalities
Peter T. Wendel recently published an Article entitled, Setting the Record Straight: The ‘Flexible Strict Compliance’ Approach to the Wills Act Formalities, 95 Oregon L. Rev. (forthcoming 2016). Provided below…
Wills, Trusts & Estates Prof Blog
One Witness Does Not Substantially Comply With Statutory Requirement Of Two.
Shortly before his death, the decedent handwrote two documents purporting to give his estate to a beneficiary. Both documents were signed by a different witness, but the first document could…
Wills, Trusts & Estates Prof Blog
Article On The Law of Will-Execution
Mark Glover (Professor of Law, University of Wyoming College of Law) recently published an article entitled, Decoupling the Law of Will-Execution, 88 St. John's L. Rev. 597-652 (2014). Provided below…
Wills, Trusts & Estates Prof Blog
Tennessee Court Holds That Will Witnesses Must Sign Actual Document
The State of Tennessee strictly construes the formalities involving the execution of a valid will. The Court of Appeals of Tennessee has recently held in In re Estate of Bill…
The New York Probate Litigation Blog
Four Boneheaded Things Not To Do If You Are Making A Will
Your will should not be a do it yourself project. Here are some things to avoid doing when it comes to your will. 1. Do not make changes to your…
Florida Probate & Trust Litigation Blog
DIY estate planning + technical execution defects = partial intestacy contrary to grantor’s “true” intent
Aldrich v. Basile, --- So.3d ----, 2014 WL 1240073 (Fla. March 27, 2014) If you make your living drafting wills or enforcing them in court, here's what this case should…
New York Trusts & Estates Litigation
The Due Execution of Wills
To be admitted to probate, a will must be duly executed in accordance with statute. In this week's blog entry, Ilene Cooper discusses how courts have applied and interpreted the…
The New York Probate Litigation Blog
Failure To Show Due Execution Of Will Leads To Denial Of Admission To Probate
Surrogate Thomas E. Walsh II of Rockland County has denied a probate petition where the proponent was unable to establish due execution pursuant to the requirements of the Estates Powers…