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Interesting Developments In Inheritance Laws

My practice is limited to trials involving inheritance disputes including will contest, related property disputes and associated torts. To ask privately about a Texas litigation issue involving an inheritance dispute, click the big red button to go to our main site's contact page and ask a question privately.

Tag Archives: Elder abuse

England Seeing Increase in Will Contest

England seeing an increase in will contest, why? For the same reasons Texas is seeing an increase in will contest. I have previously written on why contesting a will has become more common. You can view that article here. An English law firm, Soosmiths, has… Continue reading

Relationship Poisoning And Undue Influence

Relationship Poisoning And Undue Influence

History of Undue Influence

The doctrine of undue influence derives from English courts.  A will contest heard by Sir Francis Bacon as the Lord Chancellor of England in 1617 illustrates common aspects of the process of undue influence which emerged in the context of a will contest.  These aspects include frail health, and physical dependency, false affection, relationship poisoning, threats and mistreatment, and involvement in the execution of documents by and in favor of the alleged abuser. UNDUE INFLUENCE: DEFINITIONS AND APPLICATIONS.

Relationship poisoning and undue influence.

What is relationship poisoning in the context of a will contest? A Texas court held that when a person makes negative remarks
about a person’s children and reinterprets historical events in a negative manner, the jury can consider these acts as relationship poisoning. Based on the relationship poisoning, the jury can find undue influence  and the verdict will be upheld.

Undue Influence in Texas

Our main site, www.TexasInheritance.Com has more information about undue influence in Texas.
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Elder Abuse Is Increasing

Elder abuse is increasing, often at the hands of those closest. In an article in the Arizona Daily Star by Patrick McNamara, which was published on their website, tucson.com, the paper reported that law enforcement is seeing an increase in elder abuse. Reason that elder abuse… Continue reading

Do you or your heirs own your body?

No, says the Texas Supreme Court in a recent decision, Evanston Ins. Co. v. Legacy of Life, 11-0519. In the Legacy case, an insurance company did not want to pay when their insured, a non-profit tissue harvesting organization, sold a deceased woman’s tissue after promising the… Continue reading

What are six common reasons for contesting wills?

A law professor who teaches probate and estate planning has listed six common reasons why people contest wills. Prof. Gerry Beyer’s paper is here. The paper also recommends a proper procedure for the execution of wills. It is worth reading. The six common reasons for… Continue reading

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We handle litigation involving inheritance disputes. We don't prepare wills. We handle a select few cases on contingency. Don't use a comment to ask a personal question about an inheritance issue because your name and comment will be public. To ask a litigation question and to protect your privacy, click the red button to the right.


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