Day Pitney remains committed to providing quality legal counsel, while protecting our clients and employees, and transforming our communities into more just, equal and equitable spaces. For more information, please visit our COVID-19 Resource Center | Racial Justice and Equity Task Force.
In Estate of Beauregard, SJC-10455 (Feb. 22, 2010), the Supreme Judicial Court affirmed the dismissal of a petition to probate a copy of the testator's will.
The testator was murdered July 19, 2003. He was 40 years old, unmarried, and childless. Five weeks prior to his death, he had executed the will. The original of the will could not be located after his death. In this circumstance, when a will is traced to the testator's possession (as opposed to when the will is traced to a relative, for example) or to where the testator had ready access to it and the original cannot be located after his death, there are three plausible explanations for the will's absence: (1) the testator destroyed the will with the intent to revoke it; (2) the will was accidentally destroyed or lost; or (3) the will was wrongfully destroyed or suppressed by someone who was dissatisfied with its terms.
Determining which explanation applies is fact intensive, but the presumption in Massachusetts is that the testator destroyed the will with intent to revoke it unless the proponent can rebut this presumption by a preponderance of the evidence. That is, the presumption is rebutted if a preponderance of the evidence demonstrates that the testator did not intend to revoke his will, regardless of whether the proponent can demonstrate what may ultimately have become of the will.
Here, the SJC explained that although the facts could have been weighed differently and a different conclusion could have been reached, the probate court's interpretation of the evidence and finding that the proponent had failed to rebut the presumption of revocation was not clearly erroneous.
Kaitlyn (Katie) Sapp co-presented on "Updates in Probate Law and Practice" at the Massachusetts Bar Association's Ninth Annual Probate Law Conference on November 8.
On February 11, the Hispanic Bar Association of New Jersey and Prudential will present the 11th Annual Corporate Counsel Conference.
On January 13, Darian Butcher will moderate and Alisa Hacker will speak at the Boston Bar Association webinar, "Breach of Fiduciary Duty Litigation: Superior Court Versus Probate & Family Court."
Margaret Meehan, Tiana Gianopulos and Alexis Gettier collaborated on an article, "New Direction: The Connecticut Uniform Directed Trust Act" for the Quinnipiac Probate Law Journal.
Mark Romance authored an article, "Five Tips for Representing a Non-Party Served with a Document Subpoena: Welcome to the Party?," published by the American Bar Association Section of Litigation.
New Jersey Office Managing Partner Paul Marino was featured in Capital Analytics Associates' Invest: North Jersey article, "Maintaining the Emphasis on Diversity, Equity and Inclusion."
Six Boston-based Individual Clients Department Day Pitney attorneys were named to Boston Magazine's Inaugural Top Lawyers of 2021 List.
Day Pitney Press Release
Day Pitney Press Release
Adam Myron, senior counsel resident in Day Pitney's West Palm Beach office, is running for judge in south Florida.
This website may use cookies, pixel tags and other passive tracking technologies, including Google Analytics, to improve functionality and performance. For more information, see our Privacy Policy. By using our website, you are consenting to our use of these tracking technologies. You can alter the configuration of your browser to refuse to accept cookies, but if you do so, it is possible that some areas of web sites that use cookies will not function properly when you view them. To learn more about how to delete and manage cookies, refer to the support instructions for each browser (e.g., see AllAboutCookies.org). You may locate Google Analytics' currently available opt-outs for the web here.
This website may use cookies, pixel tags and other passive tracking technologies, including Google Analytics, to improve functionality and performance. For more information, see our Privacy Policy. By using our website, you are consenting to our use of these tracking technologies. You can alter the configuration of your browser to refuse to accept cookies, but if you do so, it is possible that some areas of web sites that use cookies will not function properly when you view them. To learn more about how to delete and manage cookies, refer to the support instructions for each browser (e.g., see AllAboutCookies.org). You may locate Google Analytics' currently available opt-outs for the web here.