A resource for lawyers and the public in Massachusetts and New Hampshire for information on will contests, trust disputes, guardianships, conservatorships, elder exploitation, fiduciary duty claims, and other probate litigation disputes.
Counsel, please send us your court orders and pleadings of potential interest to the bar. We will link any posting to your website and give you full credit. Please tell us how we can improve this site to better serve you, other lawyers, and the public.
At our request, NH Probate Court Justice Mark Weaver has certified for interlocutory appeal an important standing issue of first impression and the NH Supreme Court has now accepted the appeal. In In re Estate of Mesiti, the son of the testator filed claims to contest the validity of his father’s last will and testament on […]
The MA and NH Trust Codes offer trustees important opportunities to reduce the statutes of limitations for actions to contest trust validity and the NH Code offers trustees an opportunity to reduce the limitations period governing claims of breach of fiduciary duty against them. Although some of my colleagues worry that taking the steps outlined […]
My view, often expressed to clients and in presentations, is that capacity is the key issue in most undue influence cases. Unless the testator suffered significant diminished capacity at the time the will was signed, a contest of the plan on grounds of undue influence is unlikely to succeed. A finding of undue influence requires […]
