Practice Tips for Lawyers

What is “undue influence” in a will contest?

What is “undue influence” in a will contest?

A will can be contested on various grounds – forgery, fraud, or incapacity of the signer, for instance. The most common basis for a will contest, though, is known as “undue influence” – that is, an allegation that a “testator” (person who signed the will) of weakened...

Does the client have capacity? (Practice tip)

Here is some advice to lawyers who, at least at times, prepare wills or other estate planning documents for clients. It’s about having an easy but effective checklist for establishing client capacity. You know you need to establish that a client has mental capacity....