Sentences with phrase «involving testamentary»
A number of recent cases involving testamentary capacity have raised questions on the golden rule... In Sharp v Adam [2006] EWCA Civ 449 the rule was observed, but the trial judge held, largely on the basis of the evidence of experts who had not seen the deceased, that the will was invalid, and the Court of Appeal upheld his decision.
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If the assets are complex, or if there are testamentary trusts involved, then a co-executor with knowledge and expertise in the areas of investments, income tax, trust matters and accounting would be a good idea.
In the trust and estate litigation arena, he represents corporate trustees, individual trustees, personal representatives, and beneficiaries in disputes involving breaches of fiduciary duty, dissipation of trust or estate assets, and claims of lack of testamentary capacity, undue influence and fraud.
His trust and estate litigation practice includes representing corporate trustees, individual trustees, personal representatives and beneficiaries in disputes involving breaches of fiduciary duty, dissipation of trust or estate assets, and claims of lack of testamentary capacity, undue influence and fraud.
The legal matters may involve civil rights, mental health care in jails and prisons, disability benefits claims, access to health or rehabilitative services, creating wills and other testamentary documents, and advanced directives.
Although his lordship had discussed «fraudulent calumny», a separate ground for avoiding testamentary dispositions involving the poisoning of a testator's mind against someone with a natural claim on his bounty, by the casting of dishonest aspersions, he did not appear to apply that ground in the result.