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Home > Case Law > Wills and Trusts  >  Will Formation
Will Formation
Will Formation Cartoons

Will Formation

In re Probate of Will and Codicil of Macool; for a writing to be admitted into probate as a will, must show, by clear and convincing evidence, that the decedent actually reviewed the document and thereafter gave consent to the writing.
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Stevens v. Casdorph
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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 Estate of Kuralt
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When document evinces present testamentary intent, court will honor testator intent. Codicil; holographic will.
Asset Not Removed from Trust By Change In Title
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Heaps v. Heaps, conversion, laches. Trust assets.
Vested Remainder Interests Are Transferable
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Uchtorff v. Hanson, a remainder is contingent only if its existence depends on some dubious circumstance.
Eccentricity Is Not Testamentary Incapacity
Eccentricity Is Not Testamentary Incapacity
Wilson v. Lane; Testamentary capacity; eccentricity or strange beliefs do not mean that a person is incapable of making a will, provided the person can form a rational desire regarding the disposition of his or her property; incapacity.
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.
Deposits Paid on Death Are Testamentary
Deposits Paid on Death Are Testamentary
In re Estate of Atkinson; Deposits that are payable on the death of the depositor are testamentary and are included in a decedent's estate.
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.
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
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Interest In A Trust
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