Contested Wills | All About Estates

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

Diane Vieira • August 19, 2011

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

Man vs. Beast

Justin de Vries • August 11, 2011

The testator disinherited her only son who was 51 years old and suffered from Hepatitis C. The son sought an order that adequate provision be made for his proper maintenance and support from his mother’s estate. A good discussion of the principles of dependant support.

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Contested wills, Estate Litigation, Philanthropy/Charitable Giving, Wills

Court of Appeal Affirms “Good Sense” of Excluding Evidence of Testator’s Intentions

Justin de Vries • July 7, 2011

Yesterday, the Ontario Court of Appeal released its decision in Robinson Estate. The decision acknowledged the trend in Canadian jurisprudence towards admitting extrinsic evidence of the testator’s circumstances and those surrounding the making of the will. However, the Court found that it was not open to the application judge to determine Blanca’s intention based on evidence from third parties about her testamentary intentions. ….

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Contested wills, Estate Litigation, Wills

The Costs of Upholding A Testator’s Intention

Angelique Moss • April 19, 2011

When opposing a dependant support claim on the grounds that you are upholding the intentions of a testator, as this recent B.C. case indicates, think carefully about the possible cost consequences of so doing before proceeding to trial…..

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Contested wills, Estate Litigation, Executors, Family Conflict, Wills

Collaborative Law: Does it Have a Place in the Estate and Trusts World?

Jasmine Sweatman • February 11, 2011

The collaborative law process has traditionally been used in the family law realm, but is it time for the estate and trust bar to use it?….

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Contested wills, Elder Law, Estate Litigation, Family Conflict, Wills

Is Anyone Listening? Costs and Judicial Resources

Angelique Moss • February 1, 2011

How is it possible for five parties to incur $4,435,050.18 of costs essentially on a four day hearing? The recipe is one part deafness, and one part unreasonableness. ….

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Contested wills, Estate Litigation, Executors, Trustee Disputes, Wills