A resource for lawyers and the public in Massachusetts and New Hampshire for information on will contests, trust disputes, guardianships, conservatorships, elder exploitation, fiduciary duty claims, and other probate litigation disputes.
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My view, often expressed to clients and in presentations, is that capacity is the key issue in most undue influence cases. Unless the testator suffered significant diminished capacity at the time the will was signed, a contest of the plan on grounds of undue influence is unlikely to succeed. A finding of undue influence requires […]
I presented on April 18 at a National Business Institute education program for New Hampshire lawyers “Probate Administration From Start to Finish“ I was to cover the following probate litigation topics, but as sometimes happens ran out of time. Will and Trust Contests Power of Attorney and Constructive Trust Claims Pretermitted Heir Claims Creditor Claims and […]
With the highest duties in law and significant liability exposure, fiduciaries generally are entitled and, in the exercise of due care may be required, to engage counsel at trust expense for guidance as to the proper administration of their responsibilities. When the fiduciary’s conduct is contested, she may be able to defend the claims by […]
