Challenging a Will

I Was Omitted From a Will. Can I Sue?

Grieving the death of a friend or family member is hard enough. Imagine the compounded feelings of realizing that an inheritance you had been promised or otherwise believed would be coming is not materializing. You were omitted from your loved …

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 …

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

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