The close of 2010 was marked by several notable decisions regarding the validity of wills and the circumstances under which a probate decree will be vacated. These opinions impinge on the essentials of due execution, testamentary capacity, fraud and undue influence, and, as such, are of import to the estate practitioner.
Capacity and Undue Influence
In a contested probate proceeding, the Bronx County Surrogate’s Court held a bench trial on the issues of testamentary capacity and undue influence. The court had previously granted the proponent’s request for summary judgment on the remaining issues.
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