Category: Will & Testament

A child may bring an action against a parent, while the parent is still alive, to enforce an oral promise to leave assets to him or her upon the parent’s death

The Surrogate is required to audit the accounts of all fiduciaries

A will which on its face appears to be validly executed, may be set aside if it is tainted by undue influence

If the devise be upon terms which are capable of being enforced in equity, and the gift be accepted, equity will compel compliance with the conditions annexed to it

A decision regarding an executor’s commission is committed to the discretion of the trial court

A parent may lose his or her right to intestate succession if the parent abandoned the decedent when he or she was a minor

An executor lacks standing in litigation involving the estate until the will has been probated

Notions of issue and claim preclusion are not always tightly applied in probate matters

Except in a weak or meretricious case, courts will normally allow counsel fees to both proponent and contestant in a will dispute

If a claimant received timely notice of probate proceedings, there is no cause of action for tortious interference with an anticipated inheritance outside of a will contest

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