Earlier this month, Hon. Robert P. Contillo, Presiding Judge of the Chancery Division, Bergen County, New Jersey, set aside a decedent’s Last Will and Testament, ruling that the Will was the result of undue influence by one of her adult children who was the principal beneficiary of the will. In doing so, Judge Contillo made [...]
Entries Tagged as 'Doctrine of Probable Intent'
Court Rules Last Will And Testament Controls The Disposition Of Estate Assets Transferred To Revocable Trust During Decedent’s Life
March 14th, 2013 · No Comments
Tags: Doctrine of Probable Intent · Elder Law · Estate Litigation · Improvident Gifts · Litigation · New Cases · Trials · Undue Influence · Will Contests
Failure To Provide ‘Clear And Convincing Proof” of Decedent’s Intent Mandates Denial Of Action To Reform Trust
July 14th, 2011 · No Comments
In this case, the decedent, William McLellan, created an irrevocable life insurance trust for the primary benefit of his wife and children in 2006. The life insurance trust was funded with a $2.5 million life insurance policy. Plaintiff, Lois Jean McLellan, the spouse of the decedent and mother of two of decedent’s four children, was [...]
Tags: Doctrine of Probable Intent · Estate Litigation · New Cases · Reformation · Taxation
