Consider the case of a testator (a person who makes a will) who signs a will stating, “all my property passes to my children, ...

With Oklahoma’s enactment of the OUEEPDA this month, a last will can now be signed, witnessed, notarized to be made ...

One of the most efficient ways to amend a will is through a legal document known as a codicil. Texas, like most other states, ...

Many civil law jurisdictions impose “forced heirship” or “mandatory succession rights,” which restrict a testator’s freedom ...

In a September 2024 decision, the Massachusetts Appeals Court ruled that an estate beneficiary did not invoke the in terrorem clause under ...

Common factors include: A deceased person with a will is known as a testator. When a testator dies, the executor is responsible for initiating the probate process. The executor is typically a ...

Legal Corner answers viewers’ civil legal questions. QUESTION: My wife and I have been married for 20 years and have each ...

However, you will need to prove to a judge that the testator (i.e., the person whose will it is) was coerced into removing you from their will, lacked the mental capacity to understand they were ...

Neither trust need be funded until the individual passes away, at which time the property of the testator (i.e., the deceased) would be placed in a trust based on the instructions of the will.

The law relating to testamentary capacity remains as set out in the case of Banks v Goodfellow. The requirements are that a testator: understands the nature of the will and its effect; understands the ...

If structured in accordance with prevailing state law, a limited partnership can effectively circumvent the designs of divorcing spouses, enabling the testator to put into place his or her desired ...

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