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Home > Trial Required in Suit to Admit Unsigned Will over Charities’ Objections

Trial Required in Suit to Admit Unsigned Will over Charities’ Objections

Fiduciary Litigation • Jay McDaniel • Sunday, Jul 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 facts surrounding the presentation of an unsigned will, the objecting parties should be given an opportunity to take discovery... read more

Arbitration Clause in Will is Unenforceable

Fiduciary Litigation • Jay McDaniel • Tuesday, Feb 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 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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