News & Analysis as of

Revocation Wills

Farrell Fritz, P.C.

The Presumption of Revocation that Oftentimes Applies to Lost Wills

Farrell Fritz, P.C. on

New York law generally requires that, to have a will admitted to probate, a party offering the will for probate must file the original instrument with the Surrogate’s Court (Margaret V. Turano, Practice Commentaries: SCPA §...more

Winstead PC

Court Reversed Order Holding That A Will Had Been Revoked Where There Was No Present Intent To Do So

Winstead PC on

In In re Estate of Wright, decedent’s son appealed an order finding that his mother died intestate. No. 13-23-00043-CV, 2024 Tex. App. LEXIS 8078 (Tex. App.—Corpus Christi November 21, 2024, no pet. history)....more

Offit Kurman

Two Wills That Revoke Each Other

Offit Kurman on

Welcome to Lost in Translation: Blunders in International Estate Planning; in this blog series, I will delve into the rarified world of international estate planning, shedding light on possible pitfalls and slip-ups. Blunder...more

The Estate Lawyers

Divorce Need Not Ignite Estate Litigation, But Too Often It Does

The Estate Lawyers on

Certain life events demand that estate planners work with client testators to adjust their estate plans. Divorce and remarriage are at the top of that list. When matrimony devolves into acrimony – setting the stage for...more

BCLP

When Military Wills Do Not Contemplate Future-Born Children

BCLP on

Estate planning probably isn’t high on the priority list for many 20-year-olds, even if they are 20-year-olds serving in uniform. While the Armed Forces may make it easy for those serving our country to get a will, these...more

Winstead PC

Court Affirms Finding That Will Was Lost And Not Revoked

Winstead PC on

In In the Estate of Burrell, a trial court admitted a copy of will to probate, and a contestant appealed. No. 09-14-00345-CV, 2016 Tex. App. LEXIS 10421 (Tex. App.—Beaumont September 22, 2016, no pet. history). This case was...more

Winstead PC

Court Voided Judgment Based On Family Settlement Agreement Where Party Revoked Consent

Winstead PC on

In In re Estate of Spiller, a party appealed an order admitting a will to probate and ordering the independent administrator to distribute the estate in accordance with a family settlement agreement. No. 04-15-00449-CV, 2016...more

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