Contested wills

Total 114 Posts

Capacity to execute a Will or POA: “Who and why” may be more important than “what”

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I write as a clinician directed by case law or statutory law when assessing the capacity of a testator or an individual executing Powers of Attorney. The criteria set out in case law (Banks v Goodfellow) for testamentary capacity have traditionally been weighted toward the notion of “what” the testator knows about their assets and their potential beneficiaries.  To be fair, there is a provision (somewhat vague) about the appreciation….

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Capacity Law, Contested wills, Estate Planning, Powers Of Attorney and Guardianship Disputes

Looking back, looking forward

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At year end, we typically engage in a retrospective examination, looking back on events and trying to make sense of them.  Simultaneously, there is a human instinct to make predictions as well as resolutions, both of which are notoriously unreliable.  The notion of predicting the future is one that is inherent in medicine by virtue of the fundamental role of a physician to make a diagnosis, but also concomitantly a….

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Capacity Law, Contested wills, Estate Litigation, Estate Planning, Undue influence

Nobel Peace Prize’s Breach of Trust?

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Norwegian lawyer Fredrik Heffermehl thinks the Nobel Foundation has blatantly ignored the intentions of Alfred Nobel for his namesake Peace Prize. Nobel’s will stipulated that the prize be awarded to the ”most worthy champions of peace”. Specifically it should go to “the person who shall have done the most or the best work for fraternity between nations, for the abolition or reduction of standing armies and for the holding and….

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Charitable Giving, Contested wills, Philanthropy/Charitable Giving, Trustee Disputes

AVOIDING PROBATE FEES WITH A POWER OF ATTORNEY?

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Much has been written about probate fee avoidance. Can you with a power of attorney engage in probate fee avoidance on behalf of a testator whose estate may be subject to probate fees?
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Capacity Law, Contested wills, Estate Administration, Estate Administration and Probate Applications, Estate Planning, Executors, Guardianship, Joint Tenancy, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Probate Tax, Property, Wills

Rosa Parks’ Estate Tied Up in Litigation as Her Memorabilia Goes to Auction

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Almost six years after her death, the estate of civil rights hero Rosa Parks is still being litigated. Court pleadings recently filed with the Michigan Supreme Court reveal details over the fight for control over her estate.

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Contested wills, Estate Litigation, Estate Planning, Executors, Trustee, Trustee Disputes, United States, Wills
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