Articles & Updates 10/15/2018

Nobody Wants to Think About Death

For many people estate planning seems like a confusing, complicated and uneasy topic, better to avoid for a later date.  Nobody wants to think about death.  At the same time most people have had some direct experience with,...
Articles & Updates 10/15/2018

Undue Influence: Trust Challenge

On August 15, 2018, the New Hampshire Supreme Court issued an order in In re Alice Stedman 1989 Trust 2013 Restatement, Case No. 2017-0288, a case concerning a challenge to a restatement to a trust on the grounds of undue...
Articles & Updates 05/21/2018

“Safe Harbor Actions” in Will Contest Cases

With the increase in the number of challenges to wills and trusts, it should come as no surprise that many estate planning documents contain language to protect against frivolous challenges. These so-called “no contest”...
Articles & Updates 04/23/2018

Expert Testimony & Testamentary Capacity

Many wills and trusts are challenged on the ground that the testator simply lacked the required testamentary capacity to sign a will or trust, or other legal document. Frankly, none of us need to demonstrate much in order to...
Articles & Updates 03/26/2018

Burden of Proof in Will Contest Cases

We are all familiar with the phrase: “Innocent until proven guilty.” This phrase is often used to describe the basic tenet of criminal law that it is the state accusing an individual of a criminal act that has the burden...