IRA Beneficiary Designation

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Nunnenman v. Estate of Grubbs; a change in beneficiary can be accomplished in a will so long as the language of the will is sufficient to identify the account involved and an intent to change the beneficiary. designate beneficiary.

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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.

Arnheiter v. Arnheiter

Court has no power to correct or reform will or change any of language therein by substituting or adding words, but may disregard obviously mistaken references when necessary. Mistake vitiatie.

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

Bean v. Ford, equitable adoption, de facto adoption.

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

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.

Anti-Lapse Statute Is Presumed To Apply

Ruotolo v. Tietjen; If a testator wishes to avoid the application of the anti-lapse statute, he or she must either unequivocally express that intent, or provide for an alternate bequest.

Attorney Fees

Estate of Stevenson; estate administrator; contingency fee agreement; greedy lawyers.

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

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.

Reform A Will

In re Estate of Herceg; A will may be reformed to reflect the intention of the testator if there is clear and convincing evidence that there was a mistake in drafting the will, and of what the intention of the testator was.

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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