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Unwitnessed Wills May Be Probated
Unwitnessed Wills May Be Probated Cartoons

Unwitnessed Wills May Be Probated

Estate of Hall, unwitnessed wills may be probated.
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In Re Estate of Wright
In Re Estate of Wright
Subscribing witnesses have duty to be satisfied of testator sanity before they subscribe will. Contest; testamentary capacity; unsound mind.
LaCroix v. Senecal
LaCroix v. Senecal
Doctrine of dependent relative revocation sustains revoked gift if testator cancels or destroys will with present intention of making new one immediately but new will is not made or, if made, fails of effect for any reason. Residuary clause; revocation.
Publicity Rights
Publicity Rights
Shaw Family Archives v. CMG Worldwide; Legislation enacted after decedent's death cannot increase the property that makes up estate; right of publicity.
Pretermitted Heirs Laws Do Not Apply To Trusts
Pretermitted Heirs Laws Do Not Apply To Trusts
Kidwell v. Rhew; The pretermitted heir statute applies only to heirs omitted from wills, and does not apply to an heir omitted as a beneficiary of an inter vivos trust; donative; special administrator.
Court May Appoint New Trustee
Court May Appoint New Trustee
Davis v. U.S. Bank National Association; A court may remove a trustee upon the request of all of the qualified beneficiaries if the removal of the trustee best serves the interests of all.
Attorney Fees
Attorney Fees
Estate of Stevenson; estate administrator; contingency fee agreement; greedy lawyers.
Beneficiary Designation
Beneficiary Designation
Change beneficiary designations; Lincoln Life and Annuity Company of New York v. Caswell; life insurance benficiary designation controls over will.
Demand for Accounting
Demand for Accounting
Johnson v. Johnson; trust agreement cannot eliminate trustee's fiduciary duties.
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.
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.
Reform A Will
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.
Trustee Self Dealing
Trustee Self Dealing
In re Gleeson's Will; a trustee cannot deal with trust property in his individual capacity. Absolute bar. No exception for good faith or fair dealing.