Probate actions, including the acceptance of a will, may be decided by the Chancery judge in a summary manner without live testimony. Â But where there is a dispute about the facts surrounding the presentation of an unsigned will, the objecting parties should be given an opportunity to take discovery... read more
One of the first issues that frequently accompanies the discovery of a new will, or a will with unanticipated provisions, is whether the testator had the mental capacity to create the document. The Mental Competence of a Family Member When the Will was Made May be Contested The capacity... read more
The beneficiary of a trust who had participated in a settlement that allowed the sale of his mother’s house was blocked from later claiming that he still had an interest in the property. His attempt was blocked by application of judicial estoppel, which prevents a party from taking inconsistent... read more
Can a will impose an agreement to arbitrate on the beneficiaries of the estate? And if the will can make that condition, will it apply to a demand that the executor provide an accounting of what is in the estate? That was the question presented in a dispute involving... read more
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