Rebutting the Presumptions of Due  Execution and Testamentary Capacity

Rebutting the Presumptions of Due Execution and Testamentary Capacity

When is enough, enough?

Presumptions play an important role in contested probate proceedings, particularly with respect to the issues of due execution and testamentary capacity. However, while judicial opinions provide useful instruction as to the kind of proof that will trigger these presumptions, the quantum of proof necessary to rebut them is less clear. Indeed, the vagaries and lack of

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