Capacity to Make a Gift
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Capacity Law, Elder Care, Estate Litigation, Family Conflict, Geriatric Care ManagementEstate Litigation
Total 415 Posts
Rectifying a Will based on a Testator’s True Intentions
Where the language of the Will is unequivocal and approved by the testator, a court will refuse to rectify a will to match the testator’s true intentions…..
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Contested wills, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, WillsThe Trials and Tribulations of Choosing an Executor
Over the last two weeks, a number of blogs have addressed the issue of choosing an executor. Here is a litigator’s perspective (for better or worse).
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Estate Administration, Estate Administration and Probate Applications, Estate Litigation, ExecutorsProportionality: Is there a Place for It in the Estates and Trusts World?
Since the paradigm shift about ten years ago in costs in estate litigation such that costs are to now follow the cause rather than being paid out of the estate automatically, proportionality has become the new kid in town. ….
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Estate Litigation, Executors, Trustee Disputes, TrustsMORE SUMMARY JUDGMENT MOTIONS IN ESTATE PROCEEDINGS
Summary judgment motions will only become more popular and those practicing estate litigation will have to familiarize themselves with the new procedural norms…..
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Contested wills, Estate Litigation, Wills