Undue influence is one of the most common—and challenging—grounds for contesting a will or estate plan in Pennsylvania. It refers to situations where someone exerts excessive pressure or manipulation on a testator (the person...more
In Pennsylvania, contesting a will is a serious legal action that should not be taken lightly. It can be emotionally challenging, especially if you believe that the will does not reflect the true intentions of the deceased....more
When an interested party contests the capacity of the testator, what standard do courts use to determine the validity of a will? The recent case of Neal v. Neal provides insight. In that case, following her diagnosis of...more
In Haddad v. Haddad, the Massachusetts Appeals Court sent a stark reminder to probate litigators about just how difficult it is to prove a claim of lack of testamentary capacity. Such a finding must rely on specific facts...more
In "The 7 Habits of Highly Effective People," Stephen Covey wrote that we should "begin with the end in mind." In the context of an estate plan, this means that we must consider how that plan will be carried out once it has...more
In Fielding v. Tullos, an administrator of a decedent’s estate brought claims against the decedent’s housekeeper for undue influence and other related claims arising from the execution of new account beneficiary designations...more
Has it ever crossed your mind — even if only for a moment — that if you are extra super nice to rich old Aunt Harriet (or whomever the “Aunt Harriet” in your life may be), who is getting up there in years, never had any...more
On July 18, 2018, in the case In the Matter of Estate of Lois B. Erickson the Iowa Court of Appeals affirmed a trial court finding of invalidity of a will based on undue influence and lack of testamentary capacity, and found...more
One of the most dramatic areas of California trust and estate litigation is no contest clauses. No contest clauses bring a made-for-tv excitement to the practice of trust and estate law because of the risk of...more