In Developing Countries, Lack of Inheritance Rights for Women May Depress the Country’s Economy
In a posting on the World Bank’s blog, there is an article that points out that wives and daughters don’t have the same inheritance rights as husbands and sons in developing countries. In those countries, ownership of land is important and keeping that land in production benefits the whole economic climate. However, since women’s inheritance [...]
Do the Witnesses to a Will Have to Know They are Witnessing a Will?
Witnesses at a will signing attest the will. Attestation means the act of witnessing the performance of the statutory requirements to a valid execution of the will. Those statutory requirements do not include publication of a will’s contents or, for that reason, that the witnesses know that they are signing a will. “Publication,” in relation [...]
BBC reports that 20% of Wills in the UK May Contain Mistakes
The BBC reports that the Legal Services Board (LSB), which oversees the profession in England and Wales, said 20% of wills contained mistakes. Apparently, anyone can set up a will-writing service but the LSB wants all providers to be regulated. The LSB reports systematic problems with will-writing including unfair sales practices and fraud and deception. [...]
Is There an Attorney Client Privilege in a Will Contest?
When a suit is filed contesting a will, the attorney who prepared the will may not be involved in the will contest. Since he is the one who supposedly prepared the will at the request of the testator, he would have some knowledge of the testator’s condition at the time the will was executed as [...]
“You never really know a person until you’ve shared an inheritance with them”
That quote is from the Hays Daily News site reporting on a seminar put on by Kansas State University titled “Women in Agriculture.” The article related how the women were encouraged to get their estates and the estates of their family members in order to avoid problems after death. You can read the article here. [...]
Will contest in Australia.
I have written previously about the reasons more people are filing will contest today than in the past. You can view that article here. The United States is not the only country where wills are contested. If you are interested in the requirements for contesting a will in Australia, look at this site. The foregoing [...]
Does a Bank Have to Return Money to an Estate that it Let the Wrong Person Withdraw?
In two recent cases in the San Antonio area, the Texas Supreme Court was asked to decide if two banks were required to return money to an estate that the banks had paid out to a person with fraudulent papers. The facts were that a former county employee who worked in the probate section of [...]
Who Has the Burden of Proof When Contesting a Will?
In Texas the burden of proof depends on when the will contest is filed. If the will is contested before it is admitted to probate, the burden of proof is on the person who is offering the will for probate. If the will is contested after the will is admitted to probate, the burden of [...]
A Starting Point for a Will Contest is an Unnatural Disposition.
When a person is deciding whether or not to contest a will, one of the first things to look for is an unnatural disposition of the property. An unnatural disposition is one where a beneficiary of the will is not someone who most people would think of as a natural object of the testator‘s bounty. [...]
Does the phrase “is presently making payments to me” limit a gift of a mineral interest?
A testator’s will stated “I give all of my interest in the Crockett County, Texas, mineral interest that Occidental Permian Ltd. is presently making payments to me…” to my wife. After the testator died, additional wells were drilled on the land. Children from a prior marriage claimed that the gift to the wife was limited [...]
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- In Developing Countries, Lack of Inheritance Rights for Women May Depress the Country’s Economy
- Do the Witnesses to a Will Have to Know They are Witnessing a Will?
- BBC reports that 20% of Wills in the UK May Contain Mistakes
- Is There an Attorney Client Privilege in a Will Contest?
- Change In Massachusetts’ Probate Law Benefits Spouses.
- Do Ex-pats Worry About Inheritance Laws?
- “You never really know a person until you’ve shared an inheritance with them”
- Will contest in Australia.
- Can you create a trust with my money?
- Does a Bank Have to Return Money to an Estate that it Let the Wrong Person Withdraw?