The testator is the individual who creates and signs a will, outlining how they wish their assets to be distributed upon their death. This role is pivotal, as it ensures their final wishes are clearly ...

My colleagues have written on the enforceability of in terrorem clauses, and the courts continue to confront challenges in reconciling the testator’s intent to impose an in terrorem condition with the ...

In McDaniel v. Meador, parties sued for declaratory relief regarding whether a granddaughter was a beneficiary of a will. No. 01-18-00041-CV, 2019 Tex. App. LEXIS 1315 (Tex. App.—Houston [1st Dist.] ...

Adam Carvalho and Richard McDermott round up recent estate planning case law and consider some possible grounds for challenging a will In the case of Reading and another v Reading and others [2015] ...

Katharine Paljug is a financial writer and editor with over a decade of industry experience. Her writing has covered nearly every aspect of the financial world, from investing in forex to paying for ...

The case of Barrett v Bem [2011] EWHC 1247 Ch is interesting because of the comments on the nature of probate jurisdiction, and for the guidance it gives on signatures on behalf of a testator. The ...

In a recent wills variation case, the BC Court of Appeal has upheld the testator's moral obligation to her estranged son. In Bautista v Gutkowski Estate, 2023 BCSC 1485, Pacita Gutkowski left a will ...

A recent case before the Court of Queen’s Bench of Alberta considered whether a testator had discharged her obligations to provide for her dependent family member when she had asked for the sale of a ...