Estate Planning Newsletter – August 2017

September 7th, 2017   •   Comments Off on Estate Planning Newsletter – August 2017   

WHAT IS A CONTRACT WILL AND WHAT CONSIDERATION SUPPORTS IT?   In the case of In Re:  Estate of Ina Ruth Brown, the Tennessee Supreme Court dealt with the issue of a contract to make mutual wills and what consideration is necessary to support a contract to make a mutual will.  The facts in the… Read More

Business Transaction Newsletters – July 2017

September 7th, 2017   •   Comments Off on Business Transaction Newsletters – July 2017   

EXCULPATORY CLAUSES CAN PROTECT ENTITY FROM LIABILITY   In the case of Gibson v. YMCA of Middle Tennessee, the Court upheld the validity of an exculpatory clause, or sometimes referred to as a release agreement by a person filling out a Membership Application.  In the YMCA case, Gibson fell and sustained injuries when she tripped… Read More

Estate Planning Newsletter – July 2017

September 7th, 2017   •   Comments Off on Estate Planning Newsletter – July 2017   

WHO HAS STANDING TO CONTEST A WILL?   In the case of the Estate of J. Don Brock, the Court of Appeals discussed in significant detail the category of people who have standing to contest a Will.  The specific facts in the Brock Estate case were that five adult, adopted children of Don Brock contested… Read More

Estate Planning Newsletter – June 2017

September 7th, 2017   •   Comments Off on Estate Planning Newsletter – June 2017   

UNDUE INFLUENCE TO CONTEST A WILL   Many opinions are issued by the Tennessee Court of Appeals on Will contest cases.  In the past, I have been reluctant to write about these cases because they are very fact specific as to the particular parties in that case.  Also, the facts are difficult to describe in… Read More

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