What influence is “undue?”
A will can be denied probate because the testator was under undue influence when the will was executed. What evidence is sufficient to prove undue influence is case specific. What may be considered by...
View ArticleCan a testator be unduly influenced when they are incompetent?
An appeals court recently had to decide if a jury’s verdict that the testator lacked testamentary capacity and their verdict that the testator was unduly influenced was so conflicting that the verdict...
View ArticleWhat are six common reasons for contesting wills?
A law professor who teaches probate and estate planning has listed six common reasons why people contest wills. Prof. Gerry Beyer’s paper is here. The paper also recommends a proper procedure for the...
View ArticleCan a Fiduciary delegate his discretionary power to another?
A fiduciary owes the highest duty imposed in law to the person (beneficiary) over whose property he has control. A fiduciary might be appointed to administer a trust or handle an estate. The...
View ArticleWhat influence is “undue?”
The post What influence is “undue?” appeared first on www.InheritanceLaws.Info.
View ArticleCan a testator be unduly influenced when they are incompetent?
The post Can a testator be unduly influenced when they are incompetent? appeared first on www.InheritanceLaws.Info.
View ArticleWhat are six common reasons for contesting wills?
A law professor who teaches probate and estate planning has listed six common reasons why people contest wills. Prof. Gerry Beyer’s paper is here. The paper also recommends a proper procedure for the...
View ArticleCan a Fiduciary delegate his discretionary power to another?
A fiduciary owes the highest duty imposed in law to the person (beneficiary) over whose property he has control. A fiduciary might be appointed to administer a trust or handle an estate. The...
View ArticleElder Abuse Is Increasing
Elder abuse is increasing, often at the hands of those closest. In an article in the Arizona Daily Star by Patrick McNamara, which was published on their website, tucson.com, the paper reported that...
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Relationship Poisoning And Undue Influence
History of Undue Influence The doctrine of undue influence derives from English courts. A will contest heard by Sir Francis Bacon as the Lord Chancellor of England in 1617 illustrates common aspects...
View ArticleEngland Seeing Increase in Will Contest
England seeing an increase in will contest, why? For the same reasons Texas is seeing an increase in will contest. I have previously written on why contesting a will has become more common. You can...
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