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How to Change a Will
How to Change a Will Cartoons

How to Change a Will

Revoking will; Ward-Allen v. Gaskins; destroy will; original will; new will; old will.
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Related Cartoons

Stevens v. Casdorph
Stevens v. Casdorph
Decedent signature must be in presence of two competent witnesses, both of whom acknowledge decedent signature in presence of each other. Attesting witness.
In re Snide
In re Snide
Under narrow circumstances, will can be validated through reliable evidence of valid testamentary scheme, although formalistic requirements are lacking. Guardian ad litem; mistake; reformation; testamentary intent.
Bush v. Schiavo
Bush v. Schiavo
Judiciary is coequal branch of government vested with sole authority to exercise judicial power and legislature cannot reallocate balance of power expressly delineated in Constitution. Separation of powers.
Lambeff v. Farmers Co-operative Executors & Trustees Ltd.
Lambeff v. Farmers Co-operative Executors & Trustees Ltd.
By statute omitted child who has been left without adequate provision for her proper maintenance, education, or advancement in life may claim provision from her parents estate. Preterrmitted heir.
Equitable Adoption
Equitable Adoption
Bean v. Ford, equitable adoption, de facto adoption.
Alzheimer's Effect on Testamentary Capacity
Alzheimer's Effect on Testamentary Capacity
In re Estate of Washburn; Every person is presumed to be sane, unless there is evidence produced to rebut the presumption of capacity; testamentary capacity.
Witness Disqualification From a Will
Witness Disqualification From a Will
Estate of Morea; The requirement that a witness have nothing to gain by admission of the will to probate is met if the witness receives less from the will than he or she would receive if the will were not admitted to probate.
Control from the Grave
Control from the Grave
Estate of Feinberg; control from the grave trust; deceased controlling using trust document. A testamentary disposition that does not discourage marriage or encourage divorce is not void as against public policy.
Trust Transactions
Trust Transactions
Allard v. Pacific National Bank; A trustee must inform trust beneficiaries of all material facts for non-routine transactions that significantly affect the trust estate and the interests of the beneficiaries before the transactions take place.
Revocable Living Trust
Revocable Living Trust
Brown v. Miller; transfers of assets to a revocable living trust are the same as transfers of assets outright to the person owning the trust.
Extrinsic Evidence of Testator Intent
Extrinsic Evidence of Testator Intent
In re Estate of Cole; When construing contradictory provisions of a will, a court may consider direct evidence of a testator's intentions.
Presumption of Undue Influence
Presumption of Undue Influence
In re Estate of Reid; to overcome the presumption of undue influence, the proponent of a will must show good faith, grantor's full knowledge, and the grantor's independent consent and action.

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