Daily Decisions: Four Wills and a Guy Named Will

In re The Trust and Estate of Melter (Division 3, March 20, 2012), is somewhat of a crazy case that might interest you if you care at all about (1) challenges to wills and inter vivos gifts or (2) standards of review, burdens of proof, and presumptions more generally.

First of all, the facts of the case are interesting/depressing in a soap opera kind of way.   The dispute is between two sons (William and John) regarding the estate of their deceased mother (Virginia).  The case is a bit complicated since it includes five wills: four testamentary wills and one guy named Will.  But we’ll just call him William, which means there are only four wills to deal with. It just makes things easier. Continue reading