estate Category Archives

John and Jane never married, had no children, but lived together for eight years before separating.  John spent his days golfing and painting; Jane, a surgeon, was the sole provider.  Can John now claim 50% of the couple’s assets acquired during the relationship? Sam and Sue never married but lived together for eight years.  Sam, an attorney, was the sole provider; Sue was a homemaker who raised the couple’s two children.  Sam died suddenly without a will.  Is Sue entitled to ...


A will that does not reflect the true intent and free will of the person making it (the “testator”) is not valid. One familiar illustration of this basic principle is the requirement that the testator have the requisite mental (“testamentary”) capacity to do so. Another all-too-common concern arises where the testator, often elderly and with reduced mental and physical capacity, is coerced into making or changing a will so as to disproportionately favor the coercer (called “undue influence”). ...