New York law generally requires that, to have a will admitted to probate, a party offering the will for probate must file the original instrument with the Surrogate’s Court (Margaret V. Turano, Practice Commentaries: SCPA § 1407 [McKinney’s]). When an original will is lost, Surrogate’s Court Procedure Act (“SCPA”) § 1407 sets forth the requirements
Probate & Estate Planning
Ask Sam: Why Should I Trademark My Business Name?
By Cari Rincker
When you’ve poured your time, energy, and creativity into building a business, your name becomes one of your most valuable assets. It represents your brand, your reputation, and everything you’ve worked hard to create. But have you taken the legal steps to protect it?
Registering a trademark for your business name isn’t just a formality,…
TFM: Promises, Pleadings, and Property
In Victoria, a Testator’s Family Maintenance (TFM) claim, also known as a family provision claim, allows specific individuals to contest a Will if they believe they have not received sufficient provision from the deceased’s estate. This is governed by Part IV of the Administration and Probate Act 1958 in Victoria. Eligible individuals include current or…
FCRA Compliance Tightened-Understanding the May 2025 Amendments to FCR Rules
Introduction
The Foreign Contribution (Regulation) Act, 2010 (“FCRA”)[i], regulates the flow and use of foreign funds by individuals, associations, and organisations in India. Over time, the regulatory framework under FCRA has evolved, introducing several compliance obligations for entities receiving foreign contributions. In April 2025[ii], a key amendment was introduced concerning the…
Why a POA Matters – Part 2
In last week’s blog post I explained that a power of attorney is an especially important document in the event of a medical crisis. It allows someone to act on your behalf to make financial and/or medical decisions if you can’t make them yourself.
Simply having such a document, however, isn’t enough. What really matters is what…
Jimmy Buffett’s widow, finance manager file dueling lawsuits for control of $275M estate
If you make your living in or around the world of trusts and estates, by now you’ve heard of the litigation that’s broken out over Jimmy Buffett’s estate. What I find most interesting about this case is that it’s not your standard inheritance dispute. As in, no one’s contesting the validity of the trust (at…
Bankruptcy Court Decision May Surprise Estate Planners
Last week we read a Bankruptcy Court appellate decision that surprised us. We think it might surprise other estate planning attorneys (and other advisors). It points out that the analysis applied in Bankruptcy Court might not reflect the same thinking that we apply. That court system views wills, trusts and estate planning differently.
We also…
Can a digital note on a smartphone count as a valid will in Australia?
iPhone note titled “Last Will of Colin L Peek.”
When Will the Court Dispense with Formalities?
In New South Wales, s6 of the Succession Act 2006 (NSW) provides that a valid Will must be in writing, signed by the testator (or someone at their direction), and witnessed by two or more people at the same…
DOL and Other Agencies Announce Non-Enforcement of 2024 Regulation Regarding the Mental Health Parity and Addiction Equity Act
The Departments of Labor and Health and Human Services, along with the Internal Revenue Service (Agencies) recently announced they will not enforce regulations promulgated in 2024 regarding the Mental Health Parity and Addiction Equity Act (MHPAEA) (2024 Final Rule), implementing changes Congress made to the MHPAEA by way of the Consolidated Appropriations Act of 2021…
Why You May Want to Complete a Medical Orders for Life-Sustaining Treatment (MOLST) Form
A MOLST form allows patients with a serious advanced illness to inform health care professionals about the medical treatments they want or don’t want in a serious illness care situation. These treatments can include intubation and ventilation, artificial nutrition and hydration, CPR, and more.A MOLST form is not the same as a health care proxy. A health…