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Tag: testamentary capacity

contested estate, family provision, inheritance, Testamentary capacity

Will overturned but at what cost?

January 31, 2021January 31, 2021 [email protected]

In a decision mid-last year, the Court overturned a will due to undue influence on the testator and a concern that the testator lacked testamentary capacity at the time it was executed. These are traditionally difficult cases to prove, however … Continue reading Will overturned but at what cost?

contested estate, inheritance, Testamentary capacityLeave a comment

You can’t just agree to ignore a will

May 15, 2020May 15, 2020 [email protected]

A contested probate application between two wills. The parties ultimately agreed that the earlier will was the one to obtain probate on, as there was a question about the deceased’s capacity at the time of the later will. Court will not lightly overlook a later will. Continue reading You can’t just agree to ignore a will

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