“Sorry, my mistake”: Correcting putative testamentary errors
By Malcolm L. Morris
Trusts and Estates,
September 2011
Upon application of any interested person, the court may reform the terms of a will, even if unambiguous, to conform the terms to the testator’s intent if it is proved by clear and convincing evidence that both the accomplishment of the testator’s intent and the terms of the will were affected by a mistake of fact or law, whether in expression or inducement.
Chasing custodial claims
By Malcolm L. Morris
Trusts and Estates,
November 2001
No doubt many an attorney has heard a tale of woe from a disappointed client who was unexpectedly excluded from a will notwithstanding the testator's promise to the contrary.
Non-“trust”worthy expenses
By Malcolm L. Morris
Trusts and Estates,
August 2000
As more and more clients create trusts, the number of trust-oriented disputes will increase. Such is the nature of things.
Taxing family matters
By Malcolm L. Morris
Business Advice and Financial Planning,
June 2000
Representing businesses provides opportunities to encounter many different areas of law--none perhaps as challenging as tax matters.
Editor’s column
By Malcolm L. Morris
Business Advice and Financial Planning,
February 2000
This edition of "The Counselor" is devoted to the upcoming collegium
Editor’s column
By Malcolm L. Morris
Business Advice and Financial Planning,
November 1999
As the calendar year draws to its end, the section council is busy laying plans for next year's activities as explained in our chair's column.
Taking business interest personally
By Malcolm L. Morris
Business Advice and Financial Planning,
November 1999
For years, paying interest was made less painful by the fact it was deductible from income for tax purposes.
Editor’s column
By Malcolm L. Morris
Business Advice and Financial Planning,
September 1999
At long last, "The Counselor" arriveth. Our apologies for the delay.
Liability for ordering improper notarial acts
By Malcolm L. Morris
Business Advice and Financial Planning,
September 1999
"Here, notarize this." How often is this direction given by an employer to office assistants or secretaries when the person whose signature is to be verified is not present?
Editor’s column
By Malcolm L. Morris
Business Advice and Financial Planning,
April 1999
This edition comes a little later than usual, but we think you will agree the wait was worthwhile.
Editor’s column
By Malcolm L. Morris
Business Advice and Financial Planning,
January 1999
This is a special edition of our newsletter devoted to the section's upcoming collegium.
Spot an error in your article? Contact Celeste Niemann at cniemann@isba.org. For information on obtaining a copy of an article, visit the ISBA Newsletters page.
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