Tags » Probate

Just How Complicated is the Probate Process?

Wandering the airwaves, internet and radio are frequently scary stories of how tough probate can be. While there ARE states that can be very imposing, NY, CA and FL just to mention a few, often times the probate process can be easy and fast. 192 more words

General Financial Planning

Why are Wills important?

It’s important to make your own will, and we at Ascroft Whiteside can help and support you through your journey of creating one. Here are some reasons for why it is important to have a will – 427 more words

Wills & Probate

Capacity found despite dementia

In Roche v Roche it was found that the deceased had capacity to execute a will in 2006, despite having frontotemporal dementia.

It was found that whilst the dementia affected his executive planning capacity, power to concentrate and left him uninhibited,the test for testamentary capacity is more concerned with whether he comprehended the extent of his estate, the competing claims on that estate and the practical legal effect of the disposition.

Read the case here.

Case Updates


In my last post I was happy to report that we finally found a lawyer, but now (just a week on), I’m not so sure all is well. 653 more words


Deciphering Some Handwriting

I am trying to decipher my great-great-great grandfather’s probate files. He died unexpectedly after an accident with his horses and his wagon in 1878. The man’s handwriting is terrible. 23 more words


Will Texas Recognize Tortious Interference with Inheritance Rights?

Piranha Frenzy 

On February 16, 2017, the Texas Supreme Court will hear the Kinsel case regarding whether Texas recognizes the legal cause of action for tortious interference with inheritance rights. 103 more words