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New Jersey Law Blog
Trial Required in Suit to Admit Unsigned Will over Charities’ Objections
Fiduciary Litigation Trusts & Estates Sunday, July 2, 2023
Probate actions, including the acceptance of a will, may be decided by the Chancery judge in a summary manner without live testimony. But where there is a dispute about the...
Continue ReadingWhen Mental Incapacity Affects Validity of a Will
Fiduciary Litigation Trusts & Estates Thursday, April 20, 2023
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...
Continue ReadingBeneficiary Cannot Challenge Property Sale After Settlement of Estate
Fiduciary Litigation Trusts & Estates Wednesday, April 5, 2023
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...
Continue ReadingArbitration Clause in Will is Unenforceable
Fiduciary Litigation Trusts & Estates Tuesday, February 28, 2023
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...
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