The Will was not a product of undue influence – recent departure from prior testamentary scheme uphe
The facts are as follows, The Trust provides that, upon the death of the grantors, the trust terminates and the trustees [sic] shall distribute the then remaining trust principal and undistributed income to "Settlor's [sic] grandchildren, in equal shares" (Trust Article SECOND(E)). The grantors retained a special power of appointment, pursuant to which they could appoint the remainder "to or for any person, persons, or charitable entities…" (Trust Article SECOND(D)). In the 2
You can have a Codicil without a Will – Instrument held Valid
[In this uncontested proceeding, Jongho Park, Decedent Bok Soon Kim's son, asks the court to admit to probate a document entitled "Codicil to Last Will and Testament of Bok Soon Kim," dated August 7, 2008 ("codicil"), as the testamentary instrument of Decedent, and to issue letters to him and Michael Miller, Esq., as co-fiduciaries.1 Petitioner maintains that, despite due diligence, no will or testamentary instrument of Decedent, other than the propounded one, has been locate