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New Jersey Law Blog

WEINER LAWInsightsFiduciary Litigation

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...

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When 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...

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Beneficiary 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...

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Arbitration 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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