Search results for “undue influence”

Undue Influence – The Basics

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Editors’ Note: Starting in March, Beyond the Will will focus on one broad topic each month. Each week, a different author will post a new insight on the matter. Our posts in March will investigate the grounds for challenging a

Welcome back to Beyond the Will! We hope you’ve been enjoying our posts as much as we’ve enjoyed creating them since launching the blog just a few months ago. We’re going to change things up a bit starting this month, …

Help, My Spouse Disinherited Me!

hether 2We previously discussed how Massachusetts protects a surviving spouse from disinheritance through a statutory elective share of the Estate.  But what if a surviving spouse’s statutory elective share is very small due to the family composition?  There are a few …

Blended Families and Probate Litigation

tiffany blended families-01Perhaps no family structure is more rife with the potential for probate litigation than a blended family. This is why careful planning is so important, as Patricia Malley so wisely advised earlier this month. Without careful planning and transparency …

Lack of Capacity - The Basics

smith capacity 2Lack of capacity is, perhaps, the most common ground relied upon for challenging a will, trust, lifetime transfer, or beneficiary designation.  In addition to standing alone as a claim, it is often intertwined with claims of undue influence, discussed in …

The estate planning process, as well as disputes involving families, estates, trusts, and property transfers, are sensitive, emotional, and complicated, each in their own unique way. The Beyond the Will blog is a source that individuals and fiduciaries can count …

Requirements of a Will in Form and Execution

MalleyEditors’ Note: Starting in March, Beyond the Will will focus on one broad topic each month. Each week, a different author will post a new insight on the matter. Our posts in March will investigate the grounds for challenging a