News & Analysis as of

Undue Influence Claims

Undue Influence – The Carpenter’s Exception In Will Contests

by Fox Rothschild LLP on

In a proceeding contesting the validity of a will, the proponent of the will only has the burden to establish that the will was executed with the required formalities. The burden then shifts to the contestant to establish...more

Determining Whether There Has Been Undue Influence

The presumption of undue influence when the evidence demonstrates that a person in a confidential relationship with a grantor or testator of weakened intellect receives a substantial portion of the grantor/testator’s property...more

Court Affirms Summary Judgment In Will Contest Where There Was No Evidence Of Undue Influence

by Winstead PC on

In Estate of Frye, parties filed an application to set aside an order probating a will due to an allegation of undue influence. No. 07-16-00398-CV, 2017 Tex. App. LEXIS 6992 (Tex. App.—Amarillo July 26, 2017, no pet....more

Court Reverses Finding of Undue Influence

by Bryan Cave on

Undue influence occurs when a person’s free will is overpowered and replaced by the will of another. In Missouri, a finding of undue influence generally requires the person who exerted influence to have been in a position of...more

Virginia Supreme Court Issues New Estate Dispute Opinion

by LeClairRyan on

Back in June of this year, the Virginia Supreme Court handed down a ruling in an estate dispute case that, while it didn’t particularly break new legal ground, provides a helpful overview of the current state of Virginia law...more

Court Reverses Finding of Undue Influence

by Bryan Cave on

Undue influence occurs when a person’s free will is overpowered and replaced by the will of another. In Missouri, a finding of undue influence generally requires the person who exerted influence to have been in a position of...more

Take It or Leave It: The Perilous Decision of Whether to Violate a No Contest Clause

by Downey Brand LLP on

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

FINRA Moves to Protect Seniors and Other Vulnerable Persons

by Carlton Fields on

FINRA has taken another step to protect against what it calls "financial exploitation of vulnerable individuals or individuals with diminished capacity." These include seniors (at least age 65) and persons (at least age 18)...more

Look for Mild Cognitive Impairment in California Trust and Estate Disputes

by Downey Brand LLP on

Mental incapacity and undue influence are the most common theories used to try to invalidate wills, trusts and beneficiary designations in California and elsewhere. Occasionally, the subject in a trust and estate dispute has...more

Courts Should Read Elder Abuse Act Broadly to Stop Wrongdoers

by Downey Brand LLP on

California’s Elder Abuse and Dependent Adult Civil Protection Act is elastic enough to encompass claims arising from sharp insurance sales practices, even when elders do not pay anything directly to the agents. So concluded...more

Lawyers' Opinions Matter When a Will Is Prepared

by Bennett Jones LLP on

When a Will is challenged on the basis of allegations of undue influence, incapacity, or suspicious circumstances, the court will look at various factors to decide if the Will should be followed or declared invalid. These...more

Guardians Should Guard Against Claims Of Undue Influence

by Bryan Cave on

A guardian‘s job requires that the guardian be involved in the affairs of the ward. In turn, the ward likely is going to be dependent on and trust the guardian. Chances are – because Georgia sets an order of preference for...more

Fortify your estate plan against undue influence claims

A person can reasonably expect the declarations in his or her will to be carried out, as required by law. Usually, that’s exactly what happens. However, at other times, the will could be contested and his or her true...more

Insight on Estate Planning - June/July 2017

The sandwich generation: A slice of life - Do you feel like you’re pulled between the pressing needs of your elderly parents and your own children? If so, you’re part of the “sandwich generation,” the term coined to...more

What is Undue Influence in Will Caveat Cases?

In order to set aside a Will after a person has died, a Caveator (the person attacking the Will) has three courses of action under the law. First, he can assert that the Testator (the person making the Will) was incompetent...more

Judgments

by Dentons on

Third party litigation funding – Court of Appeal decision on costs liability - Excalibur Ventures LLC v. Texas Keystone Inc and others [2016] EWCA Civ 1144 - November 2016 saw the Court of Appeal unanimously dismiss...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

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

by 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

T&E Litigation Newsletter- July 2016 #1

by Goulston & Storrs PC on

Two decisions issued in June will be of interest to probate litigators and estate planning lawyers. The Massachusetts Appeals Court issued a decision in late June with an interesting twist on the burden required to...more

RECAP: Highlights from the Sixty-Ninth World Health Assembly in Geneva, May 23rd to 28th

Every year in May, the health ministers from all 194 World Health Organization (WHO) Member States meet at the WHO headquarters in Geneva to attend the World Health Assembly (WHA). As the decision-making body of WHO, the WHA...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19384 - State v. Carter - SC19282 - State v. Peeler - Appellate Court Advance Release Opinions: AC37262 - Dumbauld v. Dumbauld - AC37262 Concurrence -...more

Court Reverses Finding Of Undue Influence In A Will Contest And Discusses Requirements To Execute A Will

by Winstead PC on

In In re Estate of Kam, an elderly man executed a new will to omit any gift to one son after the man discovered that his life insurance had been altered to name his son as the sole beneficiary. No. 08-14-00016-CV, 2016 Tex....more

Avoiding undue influence claims

A primary purpose of estate planning is to ensure that wealth is distributed according to one’s wishes after death. But if a family member challenges the plan, that purpose may be defeated. If the challenge is successful, a...more

Insight on Estate Planning - February/March 2015

In This Issue: - Estate planning for young families: Flexibility is the key - Get smart when tackling estate planning for intellectual property - Avoiding undue influence claims - Estate Planning Pitfall:...more

New Jersey Estate Litigation: The Availability of Punitive Damages

by Cole Schotz on

In In re Stockdale, the New Jersey Supreme Court addressed the availability of punitive damages in estate disputes involving undue influence claims. 196 N.J. 275 (2008). ...more

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