Tag Archives: Gifts

Public Policy Limits on Wills – May a Will Condition a Bequest on a Beneficiary’s Obtaining a Divorce?

In the recent Fairfax Circuit Court decision of In re Connolly (Case No. CL-2018-0002347), the trial court had to decide the issue of whether a testator (will maker) may condition a bequest on a beneficiary’s obtaining a divorce from his current spouse. While a testator may write whatever she desires in her will or trust, courts, in some circumstances, have the authority to invalidate provisions as void against public policy. A court will generally not, on its own initiative, invalidate such provisions. Rather, an interested person may have standing to bring a suit to seek a declaratory judgment asking the …

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Posted in Court Opinions, Disinheriting Family Members, Elder Law Disputes, Elective share, General, intestacy, Legal Terminology, Preventing Disputes, Will Disputes \ Comments Off on Public Policy Limits on Wills – May a Will Condition a Bequest on a Beneficiary’s Obtaining a Divorce?

Prior Correspondence: A Key Tool in Preparing Your Estate Dispute Case for Trial

Technology, particularly relating to communication, is ubiquitous and ever-expanding in scope and ability. From text messaging to social media, there are seemingly more ways to communicate now than ever before. Is that correspondence admissible at trial? Trials are governed by the rules of evidence. These rules are detailed, nuanced, and not always intuitive. As practitioners, we typically become involved in estate disputes weeks, months, or even years after the initial dispute breaks out. During this time, a great deal of potentially relevant evidence has likely been generated through the exchange of emails, texts, letters, and the like.

Posted in Disinheriting Family Members, Elder Law Disputes, Elective share, General, intestacy, Legal Terminology, Preventing Disputes, Will Disputes \ Comments Off on Prior Correspondence: A Key Tool in Preparing Your Estate Dispute Case for Trial

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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Posted in Elder Law Disputes, General, Legal Terminology, New Laws, Trust Disputes, Will Disputes \ Comments Off on Legislative Update: Virginia’s General Assembly Acts to Reduce Inconsistencies between Revocable Living Trusts and Wills

Left At The Altar?: Who Owns The Engagement Ring When Love Goes Wrong?

You’ve found the right partner; you’ve found the right ring; and your fiancee accepted.  Now imagine your fiancee unexpectedly breaks off the engagement.  You are devastated.  Your friends tell you there are plenty of fish in the sea.  You’ve returned her favorite CDs and she’s returned your college sweatshirt. But who keeps the engagement ring? The Virginia Supreme Court recently decided this very question in the case of McGrath v. Dockendorf, No. 160262, 2016 WL 7243097 (Va. 2016).  In McGrath, Ethan proposed to his fiancee Julia with an impressive two-carat, $26,000.00 engagement ring. Julia accepted and took the ring.  About …

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Posted in Court Opinions, Divorce, General, Gifts, Legal Terminology \ Comments Off on Left At The Altar?: Who Owns The Engagement Ring When Love Goes Wrong?