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Blog Posts in Will contest

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  • No-Contest Clause
    No-Contest Clause

    A no-contest clause or an "in terrorem" clause is a provision in a testamentary instrument that is meant to discourage beneficiaries from disputing a will . This clause is typically used to threaten ...

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  • Part III - Contrary Substantial Evidence May Negate the Will Revocation Presumption
    Part III - Contrary Substantial Evidence May Negate the Will Revocation Presumption

    We continue our blog on the Estate of Trikha, which is about a father who executed a will three weeks before committing suicide. Satish Trikha's will made provisions for all his children, including ...

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  • Contrary Substantial Evidence Can Negate the Will Revocation Presumption
    Contrary Substantial Evidence Can Negate the Will Revocation Presumption

    There is a presumption under Probate Code section 6124 that the testator (a person who makes a will ) destroyed the will with the intent to revoke it where the will was last in the testator's ...

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  • Part III - Res judicata Bars Respondents from Re-litigating Case That Was Dismissed with Prejudice
    Part III - Res judicata Bars Respondents from Re-litigating Case That Was Dismissed with Prejudice

    To continue our blog on the Estate of Redfield (193 Cal. App. 4 th 1526 (2011)), Nancy Horan (petitioner and appellant) appealed the trial court's decision to reopen the final judgment of the probate ...

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  • Part II - Res judicata Bars Respondents from Re-litigating Case That Was Dismissed with Prejudice
    Part II - Res judicata Bars Respondents from Re-litigating Case That Was Dismissed with Prejudice

    As we discussed in our previous blog, the California Court of Appeal used the doctrine of res judicata to overturn a judgment made by the trial court to re-open a case that was already dismissed with ...

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  • Res judicata Bars Respondents from Relitigating Previous Case That Was Dismissed with Prejudice
    Res judicata Bars Respondents from Relitigating Previous Case That Was Dismissed with Prejudice

    The doctrine of res judicata bars respondents from re-litigating a case that has already been adjudicated. Res judicata is the Latin term for "a matter already judged." It means that if there has been ...

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