Insights

With the increase in the number of challenges to wills and trusts, it should come as no surprise that many estate planning documents contain language to protect against frivolous challenges. These so-called “no contest”...

Many wills and trusts are challenged on the ground that the testator simply lacked the required testamentary capacity to sign a will or trust, or other legal document. Frankly, none of us need to demonstrate much in order to...

We are all familiar with the phrase: “Innocent until proven guilty.” This phrase is often used to describe the basic tenet of criminal law that it is the state accusing an individual of a criminal act that has the burden...

The finding of undue influence is heavily dependent on the facts of any given case.  In order to prove undue influence, the challenger must find and marshal the evidence that will convince the judge that the executor had...

Challenges to estate planning documents or other legal documents such as deeds or contracts are often based on the theory of “undue influence.”  This concept is perhaps widely misunderstood.  For example, there is...