In Koster v. Koster, the Deceased’s nieces and nephews challenged his last will on the grounds of undue influence. There is nothing unusual about a will challenge in these circumstances, the Deceased was a very wealthy man who changed his will in the twilight years of his life. What was…
The capacity assessor’s notes confirmed that the testator had testamentary capacity but also raised the issue of undue influence. Summary judgment dismissed on the issue of undue influence
Summary judgment motions will only become more popular and those practicing estate litigation will have to familiarize themselves with the new procedural norms.