Monthly Archives: May 2018
Raise It or Waive It?: The Virginia Supreme Court Weighs in on When Parties in Estate Litigation Must Raise (or Waive) Testamentary Capacity/Undue Influence Claims
Imagine your aging, widowed mother (“Mother”) has dementia and moves into assisted living. You live about four hours away from Mother. Your sibling (“Sibling”) lives about five (5) minutes away from Mother. Sibling becomes increasingly involved in Mother’s affairs. One day Sibling provides you with a copy of Mother’s recently changed will. The new will leaves everything to Sibling. Given Mother’s dementia, you are highly concerned because you don’t think Mother had the capacity to make the new will. You ask Sibling about the new will. Sibling says “It’s what Mother wants.” Later, Sibling files a lawsuit seeking to be …
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Tagged
Court Opinions, Disinheriting Family Members, Elder Law Disputes, family dispute, incapacity, Legal Terminology, litigation, New Laws, Power of Attorney Disputes, Undue Influence, Virginia Supreme Court, Will, will contest, Will Disputes
Posted in General, Guardianship/Conservatorship Proceedings, Undue Influence
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