News & Analysis as of

Testamentary Capacity

Executor’s Duties Before Receiving Letters

by Farrell Fritz, P.C. on

A nominated executor is obliged to secure estate assets even before the issuance of letters testamentary, or preliminary letters testamentary (see Matter of Schultz, 104 AD3d 1146 [4th Dept. 2013]). Courts have recognized...more

Will Caveats Or “The Family Feud”

The North Carolina Court of Appeals on December 20, 2016, issued an opinion in a case involving a Will Caveat that arose in Alamance County. The facts of this recent case illustrate very clearly the emotional and contentious...more

Gurlitt Bequest to Kunstmuseum Bern is Upheld

by Sullivan & Worcester on

Cousin Had Challenged His Capacity to Make a Will Shortly Before 2014 Death - After a two-year legal battle, the Oberlandesgericht in Munich has upheld the dismissal of Uta Werner’s challenge to the will made by...more

Giving Away What You Don’t Know You Have

by Bryan Cave on

Under Georgia law, the standard for testamentary capacity requires that a testator remember generally what property is subject to the will’s disposition. You don’t have to know every dollar, where it is, or all your personal...more

Statement of Pierce O’Donnell, Attorney for Keryn Redstone - Massachusetts Judge Denies Motions To Dismiss In Redstone Lawsuit

In a 76-page decision, Judge George Phelan has denied today the motions to dismiss the lawsuit brought by Philippe Dauman and George Abrams challenging the mental capacity of Sumner M. Redstone and the undue influence exerted...more

Recent Changes in Testamentary Capacity Rules

by JAMS on

Estate planners and litigators face new challenges in light of recent developments in case law and statutory changes affecting the law of testamentary capacity. Gone are the simple rules that estate planners have used for...more

Potemkin Village Deferred—Planned Exhibition of Gurlitt Trove is Postponed

by Sullivan & Worcester on

Germany has apparently decided to postpone its ill-conceived plans to exhibit the hundreds of works of art that it still holds from the trove seized from the late Cornelius Gurlitt. This decision was announced as a date was...more

When is a Will Not a Will? Court Determines that “Will” Was Not a Valid Will or a Valid Gift Deed and that Decedent Later Lacked...

by Winstead PC on

In Lemus v. Aguilar, relatives fought over ownership of a decedent’s home. No. 04-14-00609-CV, 2016 Tex. App. LEXIS 2685 (Tex. App.—San Antonio Mar. 16, 2016, no pet. h.). ...more

Use Checklists to Avoid a Will Dispute

by LeClairRyan on

One of the easiest steps that an estate planning attorney can take to try to prevent a will that he drafted from being challenged is to have the witnesses to the will utilize a checklist in order to create a documented record...more

Ruling Highlights the Need for Testamentary Intent for Holographic Codicil

by LeClairRyan on

Last month, the Fairfax, Virginia Circuit Court issued a written opinion that, while it does not break new law in Virginia, illustrates how a writing must demonstrate “testamentary intent” to qualify as a valid holographic...more

T&E Litigation Newsletter - January 2015

by Goulston & Storrs PC on

As 2014 came to a close, Massachusetts state and federal courts issued decisions concerning a number of issues of interest to estate planning attorneys and probate litigation attorneys, including testamentary capacity,...more

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