Tag Archives: family dispute
Legislative Update: Virginia’s General Assembly Acts to Reduce Inconsistencies between Revocable Living Trusts and Wills
As more people elect to use revocable living trusts for estate planning purposes instead of traditional wills, the disposition of property will increasingly depend on the interpretation and determination of revocable living trust provisions. Virginia’s General Assembly (“General Assembly”), Virginia’s state legislature, recently acted, with House Bill 746, to address some of the principles governing revocable living trusts. House Bill 746, which has been signed into law, amends several statutory sections of the Virginia Code relating to trust and estate law (collectively, the “Amendments”). The Amendments serve to reduce some inconsistencies in the substance and interpretation of revocable living trusts …
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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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