In Bernsen v. Allison, the settlor signed a new will in December of 2012 that left everything to his daughter and omitted the children from his deceased son. No. 14-22-00902-CV, 2025 Tex. App. LEXIS 5171 (Tex. App.—Houston...more
Many people are familiar with so‑called “no contest” or in terrorem clauses—provisions in a will or trust that attempt to discourage lawsuits by threatening to cut off a beneficiary who challenges the document. While these...more
Estate disputes often arise when disappointed beneficiaries challenge the validity of a will based on alleged lack of capacity, undue influence, or suspicious circumstances. While some claims raise legitimate concerns that...more
Estate litigation rarely turns on a single moment, but an effective cross‑examination of the other side’s forensic document examiner may be one’s best shot at that “Perry Mason moment.” ...more
We have all been there, staring at our recent credit card statement, fuming over a subscription charge we swear we canceled. We sent an email! We called the customer service line! We clicked that little “unsubscribe” link at...more
In Hollingsworth v. Swales, Richard C. Harris (R.C.) executed a will in 2017 and a codicil in 2020, which contained an arbitration provision. No. 10-23-00018-CV, 2025 Tex. App. LEXIS 871 (Tex. App.—Waco February 13, 2025,...more
Being named as executor of an estate in Virginia is a significant responsibility. You are expected to administer the estate according to the terms of the will, manage assets prudently, and act in good faith toward all...more
Will contests are among the most common and also the most emotionally charged types of estate disputes. A will is a legal document setting forth a person’s directions for the disposition of their probate estate upon their...more
Two recent decisions from the British Columbia Court of Appeal, Kroeger v. Bush Estate, 2026 BCCA 16, and Lewis v. Jack, 2026 BCCA 18, provide timely guidance on two recurring pressure points in estate law: the validity of a...more
On December 12, 2025, Governor Hochul signed the New York Electronic Wills Act into law (the “EWA”). Per the terms of the EWA, the legislation takes effect on June 10, 2027 (i.e., 545 days from its enactment), and will be...more
The validity of a will is formally challenged in what is known as a caveat proceeding. A caveat proceeding is effectively a type of lawsuit that addresses whether a will that has been admitted to probate should be declared...more
If you are considering challenging a decedent’s last will and testament, this article will provide a general overview as to three potential challenges which can be levied against a decedent’s purported last will and...more
When a person manipulates someone into changing their will, what’s a family member who finds themselves cut out of an inheritance to do?...more
The case of Zappos owner Tony Hsieh, the late billionaire who was initially believed to have died intestate, without a valid will, took an unexpected turn when an apparent original will surfaced years later, halfway around...more
When a petitioner offers a will for probate, and the propounded instrument’s validity is contested, objectants oftentimes raise undue influence as an objection to the admission of the will to probate. By alleging undue...more
As we elapse the quadricentennial of the 21st century and enter 2026, what is being called the “Great Wealth Transfer” is well underway. The Baby Boomer generation is noted for post-war perseverance, significant...more
A Legacy Complicated by Litigation - Tony Bennett died in 2023 at age 96. Known worldwide for his timeless hit “I Left My Heart in San Francisco” and celebrated late-career performances alongside Lady Gaga, Bennett’s estate...more
At the intersection of incorporation-by-reference doctrine in the testamentary context and trust jurisprudence are several traps for unwary estate planners and trial lawyers. The doctrine sets forth conditions that must be...more
If you believe a loved one’s will does not reflect their true wishes, you might be wondering, “Can I contest a will in Pennsylvania?” Understanding the process and grounds for contesting a will can help you decide your next...more
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 last will and testament will not reflect the true intentions...more
Elderly persons often sign new estate documents, including trusts and trust amendments. Certainly, all persons with competence and without improper influences have the right to leave their property to whoever, and however,...more
In In re Estate of Johnson, an administrator and a third party appealed the trial court’s judgment setting aside the probate of the decedent’s will, removing the administrator, and voiding the sale of an estate asset to the...more
In In re Estate of Carr, the court of appeals dismissed an appeal from a probate court order due to a lack of jurisdiction. No. 04-23-00287-CV, 2024 Tex. App. LEXIS 7827 (Tex. App.—San Antonio November 6, 2024, no pet....more
A Civil Rights Legacy, a Contested Will, and Questions of Capacity - Gizelle Bryant, one of the stars of the Real Housewives of Potomac, is currently embroiled in a legal dispute that touches on deep family ties, a civil...more