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.
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I recently published the following article in the Union Leader on the subject of no-contest clauses in estate plans: Know the Law: What No-Contest Provisions in an Estate Plan Mean for You Q: My mother’s estate planning documents contain something called “no-contest” provisions. What are these and how do they affect me? A: No-contest provisions, […]
Illustrating NH’s strict enforcement of trust and will no-contest clauses, the Probate Court in Volpe v. Volpe ordered that a beneficiary’s filing of a claim that did not survive a motion to dismiss requires his disinheritance under the terms of the trust. As discussed in a prior post, the trustee whom we represent provided beneficiaries […]
This Order is offered for educational purposes only. References to law and rules may not be current or accurate. Counsel must evaluate whether the Order has utility in a given case. (Note: Ralph Holmes is currently retired from McLane Middleton. For information on this or other probate litigation issues, please contact Alexandra Cote at alexandra.cote@mclane.com.) […]
As noted in a prior post by Ralph Holmes, in terrorem or “no-contest” provisions are becoming increasingly common in estate plans in New Hampshire. Such provisions are intended to discourage litigation and effect this purpose by calling for the forfeiture of a legatee’s interests in the will or trust in the event of an unsuccessful […]
Published in NH Bar News (3/20/2017) Testamentary in terrorem provisions, which compel forfeiture by a legatee upon unsuccessful challenge to the validity of an estate plan and/or its administration, have a rich history with antecedents in the ancient world and English and American case law as far back as 1674 and 1898 respectively. See Beyer, […]
Hallett- Joint Memo In Opposition to Motion for Ruling on Safe Harbor Hallett – First Safe Harbor Order Hallett – Second Safe Harbor Order Hallett – Objection to Motion for Ruling on Safe Harbor Hallett – Objection to Motion for Ruling on Safe Harbor re Amended Petition Hallett – Motion for Ruling on Safe Harbor […]
