Will Contest
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Will Contest
A will contest, in the law of property, is a formal objection raised against the validity of a will, based on the contention that the will does not reflect the actual intent of the testator (the party who made the will) or that the will is otherwise invalid. Will contests generally focus on the assertion that the testator lacked testamentary capacity, was operating under an insane delusion, or was subject to undue influence or fraud. A will may be challenged in its entirety or in part. Courts and legislation generally feel a strong obligation to uphold the final wishes of a testator, and, without compelling evidence to the contrary, "the law presumes that a will is valid and accurately reflects the wishes of the person who wrote it". A will may include an ''in terrorem'' clause, with language along the lines of "any person who contests this will shall forfeit his legacy", which operates to disinherit any person who challenges the validity of the will. Such no-contest clauses are pe ...
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Property Law
Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual property. Property can be exchanged through contract law, and if property is violated, one could sue under tort law to protect it. The concept, idea or philosophy of property underlies all property law. In some jurisdictions, historically all property was owned by the monarch and it devolved through feudal land tenure or other feudal systems of loyalty and fealty. History Though the Napoleonic code was among the first government acts of modern times to introduce the notion of absolute ownership into statute, protection of personal property rights was present in medieval Islamic law and jurisprudence, and in more feudalist forms in the common law courts of medieval and early modern England. Theory The word ''property'', in everyday ...
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Undue Influence
Undue influence (UI) is a psychological process by which a person's free will and judgement is supplanted by that of another. It is a legal term and the strict definition varies by jurisdiction. Generally speaking, it is a means by which a person gains control over their victims' decision making through manipulation tactics and unfair pressure, typically for financial gain. Historically, UI has been poorly understood, even in some legal circles. Undue influence is typically perpetrated by a person who is trusted by the victim and is dependent on them for emotional and physical needs. caregiver, Caregivers are often found to have unduly influenced their patients, however, anyone in a position of trust and authority over the victim (e.g. fiduciary) may be guilty. This includes the victims' attorney, accountant, nursing home attendant, or even children. UI is a ''process'', not a single event. A manipulator may spend weeks, months, or even years before successfully unduly-influe ...
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BBC News
BBC News is an operational business division of the British Broadcasting Corporation (BBC) responsible for the gathering and broadcasting of news and current affairs in the UK and around the world. The department is the world's largest broadcast news organisation and generates about 120 hours of radio and television output each day, as well as online news coverage. The service maintains 50 foreign news bureaus with more than 250 correspondents around the world. Deborah Turness has been the CEO of news and current affairs since September 2022. In 2019, it was reported in an Ofcom report that the BBC spent £136m on news during the period April 2018 to March 2019. BBC News' domestic, global and online news divisions are housed within the largest live newsroom in Europe, in Broadcasting House in central London. Parliamentary coverage is produced and broadcast from studios in London. Through BBC English Regions, the BBC also has regional centres across England and national news c ...
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Harold Shipman
Harold Frederick Shipman (14 January 1946 – 13 January 2004), known by the public as Doctor Death and to acquaintances as Fred Shipman, was an English general practitioner and serial killer. He is considered to be one of the most prolific serial killers in modern history, with an estimated 250 victims. On 31 January 2000, Shipman was found guilty of murdering 15 patients under his care. He was sentenced to life imprisonment with a whole life order. Shipman died by suicide, hanging himself in his cell at HM Prison Wakefield, West Yorkshire, on 13 January 2004, the day before his 58th birthday. '' The Shipman Inquiry'', a two-year-long investigation of all deaths certified by Shipman, chaired by Dame Janet Smith, examined Shipman's crimes. It revealed Shipman targeted vulnerable elderly people who trusted him as he was their doctor. He killed his victims either by a fatal dose of drugs or prescribing them an abnormal amount. Shipman is the only British doctor to date to ...
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Howland Will Forgery Trial
The Howland will forgery trial (''Robinson v. Mandell'') was a U.S. court case in 1868 where businesswoman Henrietta "Hetty" Howland Robinson, who would later become the richest woman in America, contested the validity of the will of her aunt, Sylvia Ann Howland. According to Howland's will, half of her $2 million estate () would go to various charities and entities, the rest would be in a trust for Robinson. Robinson challenged the will's validity by producing an earlier will that left the entire estate to Hetty, and which included a clause invalidating any subsequent wills. The case was ultimately decided against Robinson after the court ruled that the clause invalidating future wills and Sylvia's signature to it were forgeries.''Robinson v. Mandell,'' 20 F. Cas. 1027 (C.C.D. Mass. 1868) (No. 11,959) It is famous for the forensic use of mathematics by Benjamin Peirce as an expert witness. History Sylvia Ann Howland died in 1865, leaving roughly half her fortune of some 2 ...
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Howard Hughes
Howard Robard Hughes Jr. (December 24, 1905 – April 5, 1976) was an American business magnate, record-setting pilot, engineer, film producer, and philanthropist, known during his lifetime as one of the most influential and richest people in the world. He first became prominent as a film producer, and then as an important figure in the aviation industry. Later in life, he became known for his eccentric behavior and reclusive lifestyle—oddities that were caused in part by his worsening obsessive-compulsive disorder (OCD), chronic pain from a near-fatal plane crash, and increasing deafness. As a film tycoon, Hughes gained fame in Cinema of the United States, Hollywood beginning in the late 1920s, when he produced big-budget and often controversial films such as ''The Racket (1928 film), The Racket'' (1928), ''Hell's Angels (film), Hell's Angels'' (1930), and ''Scarface (1932 film), Scarface'' (1932). He later acquired the RKO Pictures film studio in 1948, recognized then as one ...
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Melvin Dummar
Melvin Earl Dummar (August 28, 1944 – December 9, 2018) was a Utah man who gained attention when he claimed to have saved reclusive business tycoon Howard Hughes in the Nevada desert in 1967, and to have been awarded part of Hughes' vast estate. Dummar's claims resulted in a series of court battles that all ended in rulings against Dummar. A Las Vegas jury determined in 1978 that the will, leaving Dummar $156 million, was a forgery. Dummar's story was later adapted into Jonathan Demme's film ''Melvin and Howard'' in 1980, in which he was portrayed by actor Paul Le Mat. A 2005 reinvestigation of the circumstances surrounding the so-called Dummar Will yielded new evidence not previously known. Dummar's purported meeting with Hughes While working at a service station in Willard, Utah, Dummar claimed to have discovered a disheveled and lost man lying on the side of a stretch of U.S. Route 95 about north of Las Vegas, Nevada, near Lida Junction. The man asked Dummar to take him ...
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Forgery
Forgery is a white-collar crime that generally refers to the false making or material alteration of a legal instrument with the specific intent to defraud anyone (other than themself). Tampering with a certain legal instrument may be forbidden by law in some jurisdictions but such an offense is not related to forgery unless the tampered legal instrument was actually used in the course of the crime to defraud another person or entity. Copies, studio replicas, and reproductions are not considered forgeries, though they may later become forgeries through knowing and willful misrepresentations. Forging money or currency is more often called counterfeiting. But consumer goods may also be ''counterfeits'' if they are not manufactured or produced by the designated manufacturer or producer given on the label or flagged by the trademark symbol. When the object forged is a record or document it is often called a false document. This usage of "forgery" does not derive from metalwork d ...
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Pennsylvania
Pennsylvania (; ( Pennsylvania Dutch: )), officially the Commonwealth of Pennsylvania, is a state spanning the Mid-Atlantic, Northeastern, Appalachian, and Great Lakes regions of the United States. It borders Delaware to its southeast, Maryland to its south, West Virginia to its southwest, Ohio to its west, Lake Erie and the Canadian province of Ontario to its northwest, New York to its north, and the Delaware River and New Jersey to its east. Pennsylvania is the fifth-most populous state in the nation with over 13 million residents as of 2020. It is the 33rd-largest state by area and ranks ninth among all states in population density. The southeastern Delaware Valley metropolitan area comprises and surrounds Philadelphia, the state's largest and nation's sixth most populous city. Another 2.37 million reside in Greater Pittsburgh in the southwest, centered around Pittsburgh, the state's second-largest and Western Pennsylvania's largest city. The state's su ...
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Utah
Utah ( , ) is a state in the Mountain West subregion of the Western United States. Utah is a landlocked U.S. state bordered to its east by Colorado, to its northeast by Wyoming, to its north by Idaho, to its south by Arizona, and to its west by Nevada. Utah also touches a corner of New Mexico in the southeast. Of the fifty U.S. states, Utah is the 13th-largest by area; with a population over three million, it is the 30th-most-populous and 11th-least-densely populated. Urban development is mostly concentrated in two areas: the Wasatch Front in the north-central part of the state, which is home to roughly two-thirds of the population and includes the capital city, Salt Lake City; and Washington County in the southwest, with more than 180,000 residents. Most of the western half of Utah lies in the Great Basin. Utah has been inhabited for thousands of years by various indigenous groups such as the ancient Puebloans, Navajo and Ute. The Spanish were the first Europe ...
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Duress
Coercion () is compelling a party to act in an involuntary manner by the use of threats, including threats to use force against a party. It involves a set of forceful actions which violate the free will of an individual in order to induce a desired response. These actions may include extortion, blackmail, or even torture and sexual assault. For example, a bully may demand lunch money from a student where refusal results in the student getting beaten. In common law systems, the act of violating a law while under coercion is codified as a duress crime. Coercion can be used as leverage to force the victim to act in a way contrary to their own interests. Coercion can involve not only the infliction of bodily harm, but also psychological abuse (the latter intended to enhance the perceived credibility of the threat). The threat of further harm may also lead to the acquiescence of the person being coerced. The concepts of coercion and persuasion are similar, but various factors dist ...
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Insane Delusion
Insane delusion is the legal term of art in the common law tradition used to describe a false conception of reality that a testator of a will adheres to against all reason and evidence to the contrary. A will made by a testator suffering from an insane delusion that affects the provisions made in the will may fail in whole or in part. Only the portion of the will caused by the insane delusion fails, including potentially the entire will. Will contests often involve claims that the testator was suffering from an insane delusion. An insane delusion is distinct from testamentary capacity. A testator might be suffering from an insane delusion but otherwise possess the requisite capacity to make a will. Similarly, an insane delusion is distinct from a mere mistake. If suffering from an insane delusion, a testator is not subject to change his or her mind regarding the delusion if presented with contrary evidence, whereas a mistake is capable of being corrected if the testator is to ...
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