#granted it was a handwritten letter and not a report but it was basically the exact same thing as an incident report

[our-lady-of-mcr]

.

[kingkatsuki]

okay, but i recently saw a stat that john cena holds the world record for most make a wish granted at like 650, and he just keeps topping himself.

like imagine that’s dynamight? and he’s so full of himself about it, bragging to shitty deku that 650 kids don’t even want to see his nerd ass. or that the other heros could never balance hero work and the wishes like he can.

and idk, maybe you’re the make a wish coordinator. and at first katsuki was really doing it because he didn’t want to let down any single kid, but now he doesn’t want to let you down either.

like, he’s skipping galas and other dumb sponsored shit for a make a wish visit. having to fire his assistant for canceling a visit without even consulting him first. and now you’ve got his personal number, because you can call him directly whenever you need a hero visit (he’ll drag whoever’s ass down to the hospital that he needs to) and maybe you can use the number for other things.. if you want or don’t! he totally doesn’t care, ignore the blush on his cheeks

That is exactly what made me think of the last post! Lol. I think at first he’s not even interested in doing it at all, his hero ranking is great, he’s doing great and he’s a busy Pro-Hero. Just send the kids some of his merch, if you drop it by the office in time he’ll sign it and game over.

But one morning there’s a letter sitting on his desk waiting for him, and usually he doesn’t get fan mail to his office, some of his staff are assigned to sorting through it and drafting responses with template paper printed with his signature. So he’s confused why he’s received this one— he doesn’t bother opening it at work, too preoccupied with the mission reports on his desk as he shoves it into his pants pocket.

It’s later that week when he’s doing laundry at home and you find that letter in his pocket, he’d almost forgotten about it too. Tearing it open as he looks inside the envelope— the main letterhead is from you, the make a wish foundation explaining what this is and why it was sent to him. A separate handwritten letter included which looks a little scruffy but it has colourful drawings all over the lines on paper as he begins to read it, noticing it’s a request to meet him from a young fan.

Bakugou doesn’t know what it is, whether it’s the letter from you that explains the kids illness along with how much he loves Dynamight, asking if there’s anything you can do to make him drop by or how basic the kids request is. Bakugou’s seen other Pro’s doing the same philanthropy, taking kids on extravagant day trips, holidays and other experiences but all this kid wants is to meet him? But he ends up agreeing to go.

Bakugou enjoys it way more than he thought he would, taking the time to visit a few more kids in the hospital as he swings by (in true Dynamight fashion he doesn’t tell his PR team he’s going so the next day when there’s only fan photos on social media they’re up in arms at the loss of a perfect PR opportunity), but more than anything he enjoys meeting you.

Finds himself dropping by the hospital more often when he’s out on patrol, or coming home late from work. “You know the kids are asleep right now, Dynamight?” You tease as you lean against the counter, stuck on the night shift— and of course he knows, he’s not stupid. But is it really such a crime to want to see you too???

And kinda like the other drabble I did? Where he finds out about other kids from you, what heroes they like/what they enjoy doing and he makes things happen. He gets their favourite heroes to come and visit, or he brings them the toys they want.

[secret-agent-man-looker]

Right in the center of his desk she’s left a vase full of flowers with a card nestled among them. The envelope is a soft pink and the card inside it features a fat, happy skitty (and the phrase, “With you I’m FELINE good!”).

The inside of the card reads: ‘I know I usually order in lunch for us both on holidays we have to work, but today I’ll be in and out of meetings until late. However, if you’re not busy tonight and feel up to it, I’d be happy to have you over for dinner instead. Thank you for the years of friendship you’ve given me so far & have a wonderful Valentine’s Day. With love, Anabel.’

The sight of flowers on his desk was an oddity, far too out of place until he recalled of what day it truly was. Valentine’s Day. A day that really held no significant meaning for him in years, unless you were to count the following day in which all the candy and goods were reduced in price–Looker always considered that a good holiday anymore. 

He joked with himself about a possible secret admirer in the building, making his way over to pluck the envelope from the beautiful array of flowers, taking a moment to gather a fresh, lovely scent from the rainbow of colors before him. His knowledge of flowers was nearly non-existent, but he did know of some basics–there were some bright tulips, some cute little daisies–were those… roses mingled in there too? He recalled something about colors and how they all held meanings, but he had no clue about those. Oh well. Still a glorious slight of bright, lively flowers. 

His smile dropped at the sight of his codename handwritten on the envelope, and suddenly, he grew flushed. He knew this handwriting, he’d seen it well over a hundred times and now it’d certainly be over one-hundred and one. “There… There is just no way…” His voice came out as a soft mumble, large hands fumbling with extracting the card from the envelope. 

Looker was greeted with a happy, fat Skitty that seemed to be rather content. In large, bold letters, it accompanied the smiling cat with a rather clever pun, and just like that, the agent’s smile stretched across his face once more… followed by a soft chuckle… which quickly erupted into a loud roar of laughter. “I am feeling good, no, I am feline good…!” 

Still amused by the clever pun, the agent took a moment to gather himself before his eyes caught the note written on the inside. Again, that same familiar handwriting he’d seen on plenty of reports, post-it notes, and so on. Looker swore he felt his heart skip a beat as he read on. 

A little discouraged at the cancellation of their usual holiday lunch break together, he nearly choked on his own breath of air at the invitation to dinner. Dinner. With Anabel. In essence, it would literally be no different than their lunch breaks they frequented. But… this was dinner. Far more important than just a measly lunch. And on top of that, it was after work hours. Far more personal than just a cafeteria and–

He was reading into this far too much. But… Dinner at one’s house kinda, sorta, maybe, technically classified as a date, no? Looker felt himself grow heated in his cheeks once more. No. Oh no, he was reading too deep. It was nothing more than a friendly meal together, as usual. And there was certainly nothing wrong that, in fact, he tended to look forward to the lunch breaks they’d share together. Tonight’s dinner would be no different–save for the rush of having to get back to work. 

Glancing back at the card, it was the final line that really did him in. He stood in the middle of his office, the goofiest grin plastered on his face as he eyes read–even reread the last bit: Thanks for all the years of friendship… It was crazy to think it had been that long since they met–granted not in the circumstances anyone would ever wish to have, but… over ten years. Ten years of support and overcoming hardships in way that seemed, in Looker’s opinion, to surpass just mere colleagues, or even just friendly co-workers but not necessarily the level of romantic. Looker considered himself close with only a select handful of people in his life, and yet, Anabel was in a caliber all her own. Even as his superior, he never needed to put on a fake persona around her. Likewise, neither did she. The two of them held a trust and understanding that seemed so otherworldly, so strange, and yet it felt so natural all these years. Even if tonight would never be a date, it didn’t matter to him. Romance would just be a mere icing on an already amazing cake to him. It wasn’t needed. Looker held himself to a lot of regrets over the past decade, but finding Anabel, battered and broken, on that beachfront and taking her in to safety was, and would, never be one of them. He held no plans to abandon her then and he certainly had no means of ruining anything now. Her friendship was one of a kind, and he certainly wouldn’t trade it for the world. 

Setting the card upright onto the desk, Looker moved to grab a pen and a piece of paper from inside one of his drawers. He penned out a nice note, despite his horrible stretch of penmanship, and wrote:

Chief, Anabel,I have received your lovely gift of flowers (They smell delightful)! And your card (It is very funny)! I also want to inform you that I happily accept your invitation for dinner tonight. I cannot wait! I will see you tonight! I do hope your meetings go well. --Looker

The agent nearly folded up the note, ready to deliver it to the locked office down the hall when he paused. He’d be just slightly bold with this one. With the pen, he took and crossed out his own codename, penning the far more personal ‘Richard’ right beside it. Hopefully she would remember that. 

With a smile, he folded up the note and made his way down the hall, working to slip the note under the door as if he were a giddy little child...

[itsfinancethings]

New world news from Time: Judge Rules Meghan Markle’s Friends Can Remain Anonymous in Privacy Invasion Case Against British Newspaper

LONDON (AP) — A British judge ruled Wednesday that the Duchess of Sussex can keep the names of five close friends secret while she brings a privacy invasion lawsuit against a British newspaper.

High Court judge Mark Warby said “I have concluded that, for the time being at least, the court should grant the claimant the order that she seeks,” protecting the anonymity of friends who defended Meghan Markle in the pages of a U.S. magazine.

Meghan is suing Associated Newspapers Ltd., the publisher of the Mail on Sunday and the MailOnline website, over five articles that published portions of a handwritten letter she wrote to her estranged father, Thomas Markle, after her marriage to Prince Harry in 2018.

Meghan, 39, is seeking damages for alleged misuse of private information, copyright infringement and data protection breaches.

The duchess asked the judge to prohibit publishing details of female friends who spoke anonymously to People magazine to condemn the alleged bullying she had received from the media. She argued that the friends were not parties to the case and had a “basic right to privacy.”

Associated Newspapers, which is contesting the claim, says it was Meghan’s friends who brought the letter into the public domain by describing it in the People article. One told the magazine that the duchess had written: “Dad, I’m so heartbroken. I love you. I have one father. Please stop victimizing me through the media so we can repair our relationship.”

Read more: Why a Royal Meghan Markle Matters

The publisher’s lawyers argue that the information about the letter disclosed in the article must have come “directly or indirectly” from Meghan.

Associated Newspapers’ attorney Antony White said during a court hearing last week that keeping the friends’ names secret “would be a heavy curtailment of the media’s and the defendant’s entitlement to report this case and the public’s right to know about it.”

But Meghan’s attorney, Justin Rusbrooke, argued that the duchess was unaware her friends were speaking to the magazine. They say the anonymous interviews were arranged by one of the five friends, who was concerned about the toll media criticism was taking on the duchess, pregnant at the time with her first child.

Rushbrooke argued that the court had a duty to “protect the identity of confidential journalistic sources.”

The women’s names are included in a confidential court document, but they have been identified in public only as A to E.

No date has been set for the full trial of the duchess’s invasion of privacy claim.

from Blogger https://ift.tt/3gvT0a5 via IFTTT

[michaeljames1221]

Probate Lawyer Spanish Fork Utah

Wills, individuals’ declarations of how they want their property distributed after their deaths, are the basic form of succession. In general, wills are characterized by three customary requirements: they must be written, they must be signed, and they must be attested to—that is, authenticated by witnesses. Of the three, the most formal—some would say, archaically so—and the most likely to act as an impediment, is the attestation requirement. All states currently dictate that between two and three witnesses formally attest to the validity of a will in front of a third party, often a lawyer, an accountant, or notary public. Under Utah law, there must be two witnesses. An experienced Spanish Fork Utah probate lawyer is your best source of information on wills.

If a person dies without a will, he is said to have dies intestate. Intestacy laws specify who inherits if the deceased dies without leaving behind a valid will. These rules differ from place to place in many details and have changed a lot over the years. But the general idea is everywhere the same: close relatives are preferred over those who are not so close. The system also prefers descendants to ancestors: your mother’s right to inherit would usually be trumped by your daughter’s. We also take it for granted that a person’s relatives on both sides of the family are equally entitled to a share. No American state prefers a mother’s brother to a father’s brother, or vice versa; this equality is the essence of the American kinship system. The American system is a mixture of various ways of distributing property at death. Strictly speaking, nothing you “own” is up for grabs; but this simply follows from the way society defines ownership. Succession taxes, the intestacy laws, and freedom of testation are all real aspects of our law of succession. A single simple idea lies behind the intestacy laws of today. If a person dies without a will, the property goes to a surviving wife or husband, to the children and grandchildren, and if there are none of these, then to closest relatives. Nobody else has any claim. In broad outline, this has been the practice for centuries. The proportions and the emphasis, however, have changed with the passage of time.

Two changes are of particular importance. The first is the merger of rules about real estate and rules about personal property. The second is the growing share of the estate that goes to a surviving spouse, at the expense of other possible heirs. This trend is connected to the trend mentioned in the Introduction: the shift from emphasis on the bloodline family to the family of affection and dependence.

Utah recognizes Holographic Wills. Holographic wills are handwritten wills. If you want to challenge a holographic will, speak to an experienced Spanish Fork Utah probate lawyer. One of the grounds for challenging a holographic will is that the handwriting is different. To prove that the handwriting on the will is different from that of the testator, you will need the services of an expert witness. Your experienced Spanish Fork Utah probate lawyer can help you find a handwriting expert.

Handwriting analysis involves the comparison of a questioned item with an item of known origin. Certain requirements must be met before a handwriting comparison can be made. The writing must be of the same type (e.g., handwritten or hand printed) and the text must be of a comparable sort (e.g., similar letter and word combinations). Special situations involve forgery, which is an attempt to imitate another’s writing, and disguise, which is an attempt to change writing style to prevent identification. The bases for comparison are the features or attributes that are common to both samples. The characteristics of the writings are also identified as class characteristics (the style that the writer was taught), individual characteristics (the writer’s personal style), and other gross or subtle characteristics. The attributes used for comparison of handwriting are twenty one so-called discriminating elements. The comparison is based on the principal that, although individuals have variations within their own writing, no two persons write the same way. The analysis compares variability among writers and variability within a single person’s writing, as shown in the samples. Determining that two samples were written by the same person means concluding that the degree of variability is more consistent with individual writing variations than with variations between two different persons.

Beyond these basic principles there is no dispute and no claim that there is an identified or accepted system for analyzing handwriting, and that the analysis and conclusions are subjective evaluations made by handwriting examiners.10 The emphasis, therefore, has been on training and testing persons to be considered handwriting experts. The American Society for Testing and Materials (ASTM) has developed a number of standards. The American Board of Forensic Document Examiners is a trade organization that provides for certification. Although that organization requires an undergraduate degree in some field, there is no formal educational or training requirement otherwise, and most handwriting analysts are trained in forensic laboratories.

The basic principles of handwriting analysis are generally accepted as plausible scientific hypotheses. However, scientists point out that this plausibility is based on intuition rather than scientifically established evidence. They point out that these conclusions are accepted as axiomatic by handwriting examiners when they have never been thoroughly tested using scientific methods. Determining whether each person’s handwriting is truly unique would necessitate a study of a large number of randomly chosen persons and the categorization and measurement of the multitude of possible variations. There are no standardized measurements and there is not even a public record of handwriting samples which can be scientifically used to develop such measurements or to test the basic underlying theories of handwriting analysis.

Who Is an Expert?

What qualifies you as an expert witness? In looking for an expert witness, an experienced Spanish Fork Utah probate lawyer will the education and experience, licenses and certifications, the articles the expert witness has written, the courses or seminars you presented, and the opinions of peers. A specialization in a particular area makes an expert witness a valuable resource to legal counsel.

As an expert, the witness will typically be asked to evaluate and give opinions in the area of expertise.

When hire an expert witness for your probate litigation, be sure you clearly establish the expert’s designated area of expertise and the scope of the assignment. Once you have learned the background of the expert, feel free to turn down if it does not seem “right” to you. This saves potential embarrassment down the line.

Preparing to Testify

An expert witness, will be called on to offer his professional opinions and must be prepared to back them up in court. Before taking the stand, it is vital that the expert witness adequately prepares for the job ahead.

* Obtain all pertinent information regarding the case (names of plaintiff and defendant, date and location of incident, name and firm of opposing counsel). Be sure that there are no conflicts of interest.

* Work with the attorney to thoroughly understand the issues of the case and the role the expert will play.

* Evaluate the issues in light of professional standards of care and custom and practice criteria.

* Verify opinions with other experts and with available written sources. If the opinions of others are being used by your expert, be prepared to give their names and credentials.

* Review any opinions given by the expert or other experts in similar cases. This is particularly important if the expert’s opinion will differ significantly from past opinions. The expert must be prepared to explain why the current case is different.

* Study the statements of opposing counsel’s experts for any errors or inconsistencies that can be challenged in court. (Keep in mind that the opposition will be reviewing the expert’s findings in the same way; so it is a good idea to review your expert’s work with a critical eye before submitting it.)

* Try to anticipate the line of questioning set forth by the opposing counsel, and prepare your responses. Answer only after listening to the complete question; ask counsel to repeat or rephrase a question if it is not perfectly clear.

Types of Testimony

As an expert witness, the expert will also be called upon to testify in different venues. An interrogatory consists of responding to written questions submitted by opposing counsel during pre-trial proceedings called discovery. These answers are given under oath and should correspond to answers the expert gives at the trial. Otherwise the expert testimony will be impeached.

A deposition is a verbatim account of sworn testimony. Depositions are taken informally and recorded by a court reporter, and again you are under oath. Opposing counsel will often use the deposition process to test your knowledge and familiarity with the case at hand.

A hearing is a proceeding limited to specific legal issues and points of law. Expert witnesses are called less often at the hearing stage, although the expert witness may be called to testify if questions arise about whether or not there is sufficient evidence to proceed in the case or if the proceeding is an administrative hearing. Once again, the answers are given under oath.

Finally, there is the trial, which follows more formal courtroom procedures. Here, the facts of the case are explored and issues are examined and cross-examined.

Taking the Stand

The expert witness’ preparation culminates in the testimony. The expert begins by stating his or her name, work history, and professional qualifications. In general, these facts will not be disputed, although remember that it is the opposing counsel’s job to find anything that weakens the expert status.

Direct examination will give an expert the best opportunity to present his findings. The expert witness should rehearse his testimony with your experienced Spanish Fork Utah probate lawyer so that the expert will know how the probate lawyer wants to proceed.

In cross-examination, the opposing counsel’s goal is to discredit the expert testimony. The expert witness should answer all questions, but keep the= answers short and to the point. Most of the time a “yes” or “no” will suffice.

During redirect examination, your attorney will try to disprove any points made by opposing counsel. Use this opportunity to reinforce any points that were questioned by the opposition.

Before you hire a handwriting expert to challenge a holographic will in Utah, speak to an experienced Spanish Fork Utah probate lawyer.

Hire an experienced Spanish Fork Utah probate lawyer

Utah probate law is complex. When a will goes through probate, anyone who feels that they have been wrongly left out of the will can challenge the will. Challenging the will isn’t easy. If you are challenging a holographic will and you are claiming that its not in the handwriting of the testator, hire the services on an experienced Spanish Fork Utah probate lawyer. Merely claiming that the handwriting is different will not suffice. You have to prove that the handwriting is different. For this, you must provide evidence. The evidence that you are allowed to produce in the probate court is determined by the law of evidence. The law of evidence is complex. It’s certainly not your cup of tea or coffee. Don’t take chances. If you don’t provide evidence in support of your claim that the handwriting on the will differs from the handwriting of the testator, your case will be thrown out. Ignorance of the law is no excuse. An experienced Spanish Fork Utah probate lawyer is your best source of assistance.

If you believe that the handwritten will that someone is claiming to be written by your deceased relative is in fact not written by that relative, contact an experienced Spanish Fork Utah probate lawyer. You must act fast. You must file your opposition to the will during the probate process. Once the will has passed through probate and the executor has distributed the estate according to the will, it will be too late. The best time to challenge the will is during probate.

Spanish Fork Utah Probate Attorney Free Consultation

When you need legal help with a probate, will, or trust in Spanish Fork Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

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from Michael Anderson https://www.ascentlawfirm.com/probate-lawyer-spanish-fork-utah/

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[asafeatherwould]

Probate Lawyer Spanish Fork Utah

Wills, individuals’ declarations of how they want their property distributed after their deaths, are the basic form of succession. In general, wills are characterized by three customary requirements: they must be written, they must be signed, and they must be attested to—that is, authenticated by witnesses. Of the three, the most formal—some would say, archaically so—and the most likely to act as an impediment, is the attestation requirement. All states currently dictate that between two and three witnesses formally attest to the validity of a will in front of a third party, often a lawyer, an accountant, or notary public. Under Utah law, there must be two witnesses. An experienced Spanish Fork Utah probate lawyer is your best source of information on wills.

If a person dies without a will, he is said to have dies intestate. Intestacy laws specify who inherits if the deceased dies without leaving behind a valid will. These rules differ from place to place in many details and have changed a lot over the years. But the general idea is everywhere the same: close relatives are preferred over those who are not so close. The system also prefers descendants to ancestors: your mother’s right to inherit would usually be trumped by your daughter’s. We also take it for granted that a person’s relatives on both sides of the family are equally entitled to a share. No American state prefers a mother’s brother to a father’s brother, or vice versa; this equality is the essence of the American kinship system. The American system is a mixture of various ways of distributing property at death. Strictly speaking, nothing you “own” is up for grabs; but this simply follows from the way society defines ownership. Succession taxes, the intestacy laws, and freedom of testation are all real aspects of our law of succession. A single simple idea lies behind the intestacy laws of today. If a person dies without a will, the property goes to a surviving wife or husband, to the children and grandchildren, and if there are none of these, then to closest relatives. Nobody else has any claim. In broad outline, this has been the practice for centuries. The proportions and the emphasis, however, have changed with the passage of time.

Two changes are of particular importance. The first is the merger of rules about real estate and rules about personal property. The second is the growing share of the estate that goes to a surviving spouse, at the expense of other possible heirs. This trend is connected to the trend mentioned in the Introduction: the shift from emphasis on the bloodline family to the family of affection and dependence.

Utah recognizes Holographic Wills. Holographic wills are handwritten wills. If you want to challenge a holographic will, speak to an experienced Spanish Fork Utah probate lawyer. One of the grounds for challenging a holographic will is that the handwriting is different. To prove that the handwriting on the will is different from that of the testator, you will need the services of an expert witness. Your experienced Spanish Fork Utah probate lawyer can help you find a handwriting expert.

Handwriting analysis involves the comparison of a questioned item with an item of known origin. Certain requirements must be met before a handwriting comparison can be made. The writing must be of the same type (e.g., handwritten or hand printed) and the text must be of a comparable sort (e.g., similar letter and word combinations). Special situations involve forgery, which is an attempt to imitate another’s writing, and disguise, which is an attempt to change writing style to prevent identification. The bases for comparison are the features or attributes that are common to both samples. The characteristics of the writings are also identified as class characteristics (the style that the writer was taught), individual characteristics (the writer’s personal style), and other gross or subtle characteristics. The attributes used for comparison of handwriting are twenty one so-called discriminating elements. The comparison is based on the principal that, although individuals have variations within their own writing, no two persons write the same way. The analysis compares variability among writers and variability within a single person’s writing, as shown in the samples. Determining that two samples were written by the same person means concluding that the degree of variability is more consistent with individual writing variations than with variations between two different persons.

Beyond these basic principles there is no dispute and no claim that there is an identified or accepted system for analyzing handwriting, and that the analysis and conclusions are subjective evaluations made by handwriting examiners.10 The emphasis, therefore, has been on training and testing persons to be considered handwriting experts. The American Society for Testing and Materials (ASTM) has developed a number of standards. The American Board of Forensic Document Examiners is a trade organization that provides for certification. Although that organization requires an undergraduate degree in some field, there is no formal educational or training requirement otherwise, and most handwriting analysts are trained in forensic laboratories.

The basic principles of handwriting analysis are generally accepted as plausible scientific hypotheses. However, scientists point out that this plausibility is based on intuition rather than scientifically established evidence. They point out that these conclusions are accepted as axiomatic by handwriting examiners when they have never been thoroughly tested using scientific methods. Determining whether each person’s handwriting is truly unique would necessitate a study of a large number of randomly chosen persons and the categorization and measurement of the multitude of possible variations. There are no standardized measurements and there is not even a public record of handwriting samples which can be scientifically used to develop such measurements or to test the basic underlying theories of handwriting analysis.

Who Is an Expert?

What qualifies you as an expert witness? In looking for an expert witness, an experienced Spanish Fork Utah probate lawyer will the education and experience, licenses and certifications, the articles the expert witness has written, the courses or seminars you presented, and the opinions of peers. A specialization in a particular area makes an expert witness a valuable resource to legal counsel.

As an expert, the witness will typically be asked to evaluate and give opinions in the area of expertise.

When hire an expert witness for your probate litigation, be sure you clearly establish the expert’s designated area of expertise and the scope of the assignment. Once you have learned the background of the expert, feel free to turn down if it does not seem “right” to you. This saves potential embarrassment down the line.

Preparing to Testify

An expert witness, will be called on to offer his professional opinions and must be prepared to back them up in court. Before taking the stand, it is vital that the expert witness adequately prepares for the job ahead.

* Obtain all pertinent information regarding the case (names of plaintiff and defendant, date and location of incident, name and firm of opposing counsel). Be sure that there are no conflicts of interest.

* Work with the attorney to thoroughly understand the issues of the case and the role the expert will play.

* Evaluate the issues in light of professional standards of care and custom and practice criteria.

* Verify opinions with other experts and with available written sources. If the opinions of others are being used by your expert, be prepared to give their names and credentials.

* Review any opinions given by the expert or other experts in similar cases. This is particularly important if the expert’s opinion will differ significantly from past opinions. The expert must be prepared to explain why the current case is different.

* Study the statements of opposing counsel’s experts for any errors or inconsistencies that can be challenged in court. (Keep in mind that the opposition will be reviewing the expert’s findings in the same way; so it is a good idea to review your expert’s work with a critical eye before submitting it.)

* Try to anticipate the line of questioning set forth by the opposing counsel, and prepare your responses. Answer only after listening to the complete question; ask counsel to repeat or rephrase a question if it is not perfectly clear.

Types of Testimony

As an expert witness, the expert will also be called upon to testify in different venues. An interrogatory consists of responding to written questions submitted by opposing counsel during pre-trial proceedings called discovery. These answers are given under oath and should correspond to answers the expert gives at the trial. Otherwise the expert testimony will be impeached.

A deposition is a verbatim account of sworn testimony. Depositions are taken informally and recorded by a court reporter, and again you are under oath. Opposing counsel will often use the deposition process to test your knowledge and familiarity with the case at hand.

A hearing is a proceeding limited to specific legal issues and points of law. Expert witnesses are called less often at the hearing stage, although the expert witness may be called to testify if questions arise about whether or not there is sufficient evidence to proceed in the case or if the proceeding is an administrative hearing. Once again, the answers are given under oath.

Finally, there is the trial, which follows more formal courtroom procedures. Here, the facts of the case are explored and issues are examined and cross-examined.

Taking the Stand

The expert witness’ preparation culminates in the testimony. The expert begins by stating his or her name, work history, and professional qualifications. In general, these facts will not be disputed, although remember that it is the opposing counsel’s job to find anything that weakens the expert status.

Direct examination will give an expert the best opportunity to present his findings. The expert witness should rehearse his testimony with your experienced Spanish Fork Utah probate lawyer so that the expert will know how the probate lawyer wants to proceed.

In cross-examination, the opposing counsel’s goal is to discredit the expert testimony. The expert witness should answer all questions, but keep the= answers short and to the point. Most of the time a “yes” or “no” will suffice.

During redirect examination, your attorney will try to disprove any points made by opposing counsel. Use this opportunity to reinforce any points that were questioned by the opposition.

Before you hire a handwriting expert to challenge a holographic will in Utah, speak to an experienced Spanish Fork Utah probate lawyer.

Hire an experienced Spanish Fork Utah probate lawyer

Utah probate law is complex. When a will goes through probate, anyone who feels that they have been wrongly left out of the will can challenge the will. Challenging the will isn’t easy. If you are challenging a holographic will and you are claiming that its not in the handwriting of the testator, hire the services on an experienced Spanish Fork Utah probate lawyer. Merely claiming that the handwriting is different will not suffice. You have to prove that the handwriting is different. For this, you must provide evidence. The evidence that you are allowed to produce in the probate court is determined by the law of evidence. The law of evidence is complex. It’s certainly not your cup of tea or coffee. Don’t take chances. If you don’t provide evidence in support of your claim that the handwriting on the will differs from the handwriting of the testator, your case will be thrown out. Ignorance of the law is no excuse. An experienced Spanish Fork Utah probate lawyer is your best source of assistance.

If you believe that the handwritten will that someone is claiming to be written by your deceased relative is in fact not written by that relative, contact an experienced Spanish Fork Utah probate lawyer. You must act fast. You must file your opposition to the will during the probate process. Once the will has passed through probate and the executor has distributed the estate according to the will, it will be too late. The best time to challenge the will is during probate.

Spanish Fork Utah Probate Attorney Free Consultation

When you need legal help with a probate, will, or trust in Spanish Fork Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Is There An Inheritance Tax In Utah?

Real Estate Lawyer Grantsville Utah

Lawyer For Domestic Violence

How To Negotiate A Contract

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What Is The Average Cost Of Divorce In Utah?

Source: https://www.ascentlawfirm.com/probate-lawyer-spanish-fork-utah/

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Probate Lawyer Spanish Fork Utah

Wills, individuals’ declarations of how they want their property distributed after their deaths, are the basic form of succession. In general, wills are characterized by three customary requirements: they must be written, they must be signed, and they must be attested to—that is, authenticated by witnesses. Of the three, the most formal—some would say, archaically so—and the most likely to act as an impediment, is the attestation requirement. All states currently dictate that between two and three witnesses formally attest to the validity of a will in front of a third party, often a lawyer, an accountant, or notary public. Under Utah law, there must be two witnesses. An experienced Spanish Fork Utah probate lawyer is your best source of information on wills.

If a person dies without a will, he is said to have dies intestate. Intestacy laws specify who inherits if the deceased dies without leaving behind a valid will. These rules differ from place to place in many details and have changed a lot over the years. But the general idea is everywhere the same: close relatives are preferred over those who are not so close. The system also prefers descendants to ancestors: your mother’s right to inherit would usually be trumped by your daughter’s. We also take it for granted that a person’s relatives on both sides of the family are equally entitled to a share. No American state prefers a mother’s brother to a father’s brother, or vice versa; this equality is the essence of the American kinship system. The American system is a mixture of various ways of distributing property at death. Strictly speaking, nothing you “own” is up for grabs; but this simply follows from the way society defines ownership. Succession taxes, the intestacy laws, and freedom of testation are all real aspects of our law of succession. A single simple idea lies behind the intestacy laws of today. If a person dies without a will, the property goes to a surviving wife or husband, to the children and grandchildren, and if there are none of these, then to closest relatives. Nobody else has any claim. In broad outline, this has been the practice for centuries. The proportions and the emphasis, however, have changed with the passage of time.

Two changes are of particular importance. The first is the merger of rules about real estate and rules about personal property. The second is the growing share of the estate that goes to a surviving spouse, at the expense of other possible heirs. This trend is connected to the trend mentioned in the Introduction: the shift from emphasis on the bloodline family to the family of affection and dependence.

Utah recognizes Holographic Wills. Holographic wills are handwritten wills. If you want to challenge a holographic will, speak to an experienced Spanish Fork Utah probate lawyer. One of the grounds for challenging a holographic will is that the handwriting is different. To prove that the handwriting on the will is different from that of the testator, you will need the services of an expert witness. Your experienced Spanish Fork Utah probate lawyer can help you find a handwriting expert.

Handwriting analysis involves the comparison of a questioned item with an item of known origin. Certain requirements must be met before a handwriting comparison can be made. The writing must be of the same type (e.g., handwritten or hand printed) and the text must be of a comparable sort (e.g., similar letter and word combinations). Special situations involve forgery, which is an attempt to imitate another’s writing, and disguise, which is an attempt to change writing style to prevent identification. The bases for comparison are the features or attributes that are common to both samples. The characteristics of the writings are also identified as class characteristics (the style that the writer was taught), individual characteristics (the writer’s personal style), and other gross or subtle characteristics. The attributes used for comparison of handwriting are twenty one so-called discriminating elements. The comparison is based on the principal that, although individuals have variations within their own writing, no two persons write the same way. The analysis compares variability among writers and variability within a single person’s writing, as shown in the samples. Determining that two samples were written by the same person means concluding that the degree of variability is more consistent with individual writing variations than with variations between two different persons.

Beyond these basic principles there is no dispute and no claim that there is an identified or accepted system for analyzing handwriting, and that the analysis and conclusions are subjective evaluations made by handwriting examiners.10 The emphasis, therefore, has been on training and testing persons to be considered handwriting experts. The American Society for Testing and Materials (ASTM) has developed a number of standards. The American Board of Forensic Document Examiners is a trade organization that provides for certification. Although that organization requires an undergraduate degree in some field, there is no formal educational or training requirement otherwise, and most handwriting analysts are trained in forensic laboratories.

The basic principles of handwriting analysis are generally accepted as plausible scientific hypotheses. However, scientists point out that this plausibility is based on intuition rather than scientifically established evidence. They point out that these conclusions are accepted as axiomatic by handwriting examiners when they have never been thoroughly tested using scientific methods. Determining whether each person’s handwriting is truly unique would necessitate a study of a large number of randomly chosen persons and the categorization and measurement of the multitude of possible variations. There are no standardized measurements and there is not even a public record of handwriting samples which can be scientifically used to develop such measurements or to test the basic underlying theories of handwriting analysis.

Who Is an Expert?

What qualifies you as an expert witness? In looking for an expert witness, an experienced Spanish Fork Utah probate lawyer will the education and experience, licenses and certifications, the articles the expert witness has written, the courses or seminars you presented, and the opinions of peers. A specialization in a particular area makes an expert witness a valuable resource to legal counsel.

As an expert, the witness will typically be asked to evaluate and give opinions in the area of expertise.

When hire an expert witness for your probate litigation, be sure you clearly establish the expert’s designated area of expertise and the scope of the assignment. Once you have learned the background of the expert, feel free to turn down if it does not seem “right” to you. This saves potential embarrassment down the line.

Preparing to Testify

An expert witness, will be called on to offer his professional opinions and must be prepared to back them up in court. Before taking the stand, it is vital that the expert witness adequately prepares for the job ahead.

* Obtain all pertinent information regarding the case (names of plaintiff and defendant, date and location of incident, name and firm of opposing counsel). Be sure that there are no conflicts of interest.

* Work with the attorney to thoroughly understand the issues of the case and the role the expert will play.

* Evaluate the issues in light of professional standards of care and custom and practice criteria.

* Verify opinions with other experts and with available written sources. If the opinions of others are being used by your expert, be prepared to give their names and credentials.

* Review any opinions given by the expert or other experts in similar cases. This is particularly important if the expert’s opinion will differ significantly from past opinions. The expert must be prepared to explain why the current case is different.

* Study the statements of opposing counsel’s experts for any errors or inconsistencies that can be challenged in court. (Keep in mind that the opposition will be reviewing the expert’s findings in the same way; so it is a good idea to review your expert’s work with a critical eye before submitting it.)

* Try to anticipate the line of questioning set forth by the opposing counsel, and prepare your responses. Answer only after listening to the complete question; ask counsel to repeat or rephrase a question if it is not perfectly clear.

Types of Testimony

As an expert witness, the expert will also be called upon to testify in different venues. An interrogatory consists of responding to written questions submitted by opposing counsel during pre-trial proceedings called discovery. These answers are given under oath and should correspond to answers the expert gives at the trial. Otherwise the expert testimony will be impeached.

A deposition is a verbatim account of sworn testimony. Depositions are taken informally and recorded by a court reporter, and again you are under oath. Opposing counsel will often use the deposition process to test your knowledge and familiarity with the case at hand.

A hearing is a proceeding limited to specific legal issues and points of law. Expert witnesses are called less often at the hearing stage, although the expert witness may be called to testify if questions arise about whether or not there is sufficient evidence to proceed in the case or if the proceeding is an administrative hearing. Once again, the answers are given under oath.

Finally, there is the trial, which follows more formal courtroom procedures. Here, the facts of the case are explored and issues are examined and cross-examined.

Taking the Stand

The expert witness’ preparation culminates in the testimony. The expert begins by stating his or her name, work history, and professional qualifications. In general, these facts will not be disputed, although remember that it is the opposing counsel’s job to find anything that weakens the expert status.

Direct examination will give an expert the best opportunity to present his findings. The expert witness should rehearse his testimony with your experienced Spanish Fork Utah probate lawyer so that the expert will know how the probate lawyer wants to proceed.

In cross-examination, the opposing counsel’s goal is to discredit the expert testimony. The expert witness should answer all questions, but keep the= answers short and to the point. Most of the time a “yes” or “no” will suffice.

During redirect examination, your attorney will try to disprove any points made by opposing counsel. Use this opportunity to reinforce any points that were questioned by the opposition.

Before you hire a handwriting expert to challenge a holographic will in Utah, speak to an experienced Spanish Fork Utah probate lawyer.

Hire an experienced Spanish Fork Utah probate lawyer

Utah probate law is complex. When a will goes through probate, anyone who feels that they have been wrongly left out of the will can challenge the will. Challenging the will isn’t easy. If you are challenging a holographic will and you are claiming that its not in the handwriting of the testator, hire the services on an experienced Spanish Fork Utah probate lawyer. Merely claiming that the handwriting is different will not suffice. You have to prove that the handwriting is different. For this, you must provide evidence. The evidence that you are allowed to produce in the probate court is determined by the law of evidence. The law of evidence is complex. It’s certainly not your cup of tea or coffee. Don’t take chances. If you don’t provide evidence in support of your claim that the handwriting on the will differs from the handwriting of the testator, your case will be thrown out. Ignorance of the law is no excuse. An experienced Spanish Fork Utah probate lawyer is your best source of assistance.

If you believe that the handwritten will that someone is claiming to be written by your deceased relative is in fact not written by that relative, contact an experienced Spanish Fork Utah probate lawyer. You must act fast. You must file your opposition to the will during the probate process. Once the will has passed through probate and the executor has distributed the estate according to the will, it will be too late. The best time to challenge the will is during probate.

Spanish Fork Utah Probate Attorney Free Consultation

When you need legal help with a probate, will, or trust in Spanish Fork Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Is There An Inheritance Tax In Utah?

Real Estate Lawyer Grantsville Utah

Lawyer For Domestic Violence

How To Negotiate A Contract

Why Couples Choose Prenuptial Agreements

What Is The Average Cost Of Divorce In Utah?

from https://www.ascentlawfirm.com/probate-lawyer-spanish-fork-utah/

from Criminal Defense Lawyer West Jordan Utah - Blog http://criminaldefenselawyerwestjordanutah.weebly.com/blog/probate-lawyer-spanish-fork-utah

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Probate Lawyer Spanish Fork Utah

Wills, individuals’ declarations of how they want their property distributed after their deaths, are the basic form of succession. In general, wills are characterized by three customary requirements: they must be written, they must be signed, and they must be attested to—that is, authenticated by witnesses. Of the three, the most formal—some would say, archaically so—and the most likely to act as an impediment, is the attestation requirement. All states currently dictate that between two and three witnesses formally attest to the validity of a will in front of a third party, often a lawyer, an accountant, or notary public. Under Utah law, there must be two witnesses. An experienced Spanish Fork Utah probate lawyer is your best source of information on wills.

If a person dies without a will, he is said to have dies intestate. Intestacy laws specify who inherits if the deceased dies without leaving behind a valid will. These rules differ from place to place in many details and have changed a lot over the years. But the general idea is everywhere the same: close relatives are preferred over those who are not so close. The system also prefers descendants to ancestors: your mother’s right to inherit would usually be trumped by your daughter’s. We also take it for granted that a person’s relatives on both sides of the family are equally entitled to a share. No American state prefers a mother’s brother to a father’s brother, or vice versa; this equality is the essence of the American kinship system. The American system is a mixture of various ways of distributing property at death. Strictly speaking, nothing you “own” is up for grabs; but this simply follows from the way society defines ownership. Succession taxes, the intestacy laws, and freedom of testation are all real aspects of our law of succession. A single simple idea lies behind the intestacy laws of today. If a person dies without a will, the property goes to a surviving wife or husband, to the children and grandchildren, and if there are none of these, then to closest relatives. Nobody else has any claim. In broad outline, this has been the practice for centuries. The proportions and the emphasis, however, have changed with the passage of time.

Two changes are of particular importance. The first is the merger of rules about real estate and rules about personal property. The second is the growing share of the estate that goes to a surviving spouse, at the expense of other possible heirs. This trend is connected to the trend mentioned in the Introduction: the shift from emphasis on the bloodline family to the family of affection and dependence.

Utah recognizes Holographic Wills. Holographic wills are handwritten wills. If you want to challenge a holographic will, speak to an experienced Spanish Fork Utah probate lawyer. One of the grounds for challenging a holographic will is that the handwriting is different. To prove that the handwriting on the will is different from that of the testator, you will need the services of an expert witness. Your experienced Spanish Fork Utah probate lawyer can help you find a handwriting expert.

Handwriting analysis involves the comparison of a questioned item with an item of known origin. Certain requirements must be met before a handwriting comparison can be made. The writing must be of the same type (e.g., handwritten or hand printed) and the text must be of a comparable sort (e.g., similar letter and word combinations). Special situations involve forgery, which is an attempt to imitate another’s writing, and disguise, which is an attempt to change writing style to prevent identification. The bases for comparison are the features or attributes that are common to both samples. The characteristics of the writings are also identified as class characteristics (the style that the writer was taught), individual characteristics (the writer’s personal style), and other gross or subtle characteristics. The attributes used for comparison of handwriting are twenty one so-called discriminating elements. The comparison is based on the principal that, although individuals have variations within their own writing, no two persons write the same way. The analysis compares variability among writers and variability within a single person’s writing, as shown in the samples. Determining that two samples were written by the same person means concluding that the degree of variability is more consistent with individual writing variations than with variations between two different persons.

Beyond these basic principles there is no dispute and no claim that there is an identified or accepted system for analyzing handwriting, and that the analysis and conclusions are subjective evaluations made by handwriting examiners.10 The emphasis, therefore, has been on training and testing persons to be considered handwriting experts. The American Society for Testing and Materials (ASTM) has developed a number of standards. The American Board of Forensic Document Examiners is a trade organization that provides for certification. Although that organization requires an undergraduate degree in some field, there is no formal educational or training requirement otherwise, and most handwriting analysts are trained in forensic laboratories.

The basic principles of handwriting analysis are generally accepted as plausible scientific hypotheses. However, scientists point out that this plausibility is based on intuition rather than scientifically established evidence. They point out that these conclusions are accepted as axiomatic by handwriting examiners when they have never been thoroughly tested using scientific methods. Determining whether each person’s handwriting is truly unique would necessitate a study of a large number of randomly chosen persons and the categorization and measurement of the multitude of possible variations. There are no standardized measurements and there is not even a public record of handwriting samples which can be scientifically used to develop such measurements or to test the basic underlying theories of handwriting analysis.

Who Is an Expert?

What qualifies you as an expert witness? In looking for an expert witness, an experienced Spanish Fork Utah probate lawyer will the education and experience, licenses and certifications, the articles the expert witness has written, the courses or seminars you presented, and the opinions of peers. A specialization in a particular area makes an expert witness a valuable resource to legal counsel.

As an expert, the witness will typically be asked to evaluate and give opinions in the area of expertise.

When hire an expert witness for your probate litigation, be sure you clearly establish the expert’s designated area of expertise and the scope of the assignment. Once you have learned the background of the expert, feel free to turn down if it does not seem “right” to you. This saves potential embarrassment down the line.

Preparing to Testify

An expert witness, will be called on to offer his professional opinions and must be prepared to back them up in court. Before taking the stand, it is vital that the expert witness adequately prepares for the job ahead.

* Obtain all pertinent information regarding the case (names of plaintiff and defendant, date and location of incident, name and firm of opposing counsel). Be sure that there are no conflicts of interest.

* Work with the attorney to thoroughly understand the issues of the case and the role the expert will play.

* Evaluate the issues in light of professional standards of care and custom and practice criteria.

* Verify opinions with other experts and with available written sources. If the opinions of others are being used by your expert, be prepared to give their names and credentials.

* Review any opinions given by the expert or other experts in similar cases. This is particularly important if the expert’s opinion will differ significantly from past opinions. The expert must be prepared to explain why the current case is different.

* Study the statements of opposing counsel’s experts for any errors or inconsistencies that can be challenged in court. (Keep in mind that the opposition will be reviewing the expert’s findings in the same way; so it is a good idea to review your expert’s work with a critical eye before submitting it.)

* Try to anticipate the line of questioning set forth by the opposing counsel, and prepare your responses. Answer only after listening to the complete question; ask counsel to repeat or rephrase a question if it is not perfectly clear.

Types of Testimony

As an expert witness, the expert will also be called upon to testify in different venues. An interrogatory consists of responding to written questions submitted by opposing counsel during pre-trial proceedings called discovery. These answers are given under oath and should correspond to answers the expert gives at the trial. Otherwise the expert testimony will be impeached.

A deposition is a verbatim account of sworn testimony. Depositions are taken informally and recorded by a court reporter, and again you are under oath. Opposing counsel will often use the deposition process to test your knowledge and familiarity with the case at hand.

A hearing is a proceeding limited to specific legal issues and points of law. Expert witnesses are called less often at the hearing stage, although the expert witness may be called to testify if questions arise about whether or not there is sufficient evidence to proceed in the case or if the proceeding is an administrative hearing. Once again, the answers are given under oath.

Finally, there is the trial, which follows more formal courtroom procedures. Here, the facts of the case are explored and issues are examined and cross-examined.

Taking the Stand

The expert witness’ preparation culminates in the testimony. The expert begins by stating his or her name, work history, and professional qualifications. In general, these facts will not be disputed, although remember that it is the opposing counsel’s job to find anything that weakens the expert status.

Direct examination will give an expert the best opportunity to present his findings. The expert witness should rehearse his testimony with your experienced Spanish Fork Utah probate lawyer so that the expert will know how the probate lawyer wants to proceed.

In cross-examination, the opposing counsel’s goal is to discredit the expert testimony. The expert witness should answer all questions, but keep the= answers short and to the point. Most of the time a “yes” or “no” will suffice.

During redirect examination, your attorney will try to disprove any points made by opposing counsel. Use this opportunity to reinforce any points that were questioned by the opposition.

Before you hire a handwriting expert to challenge a holographic will in Utah, speak to an experienced Spanish Fork Utah probate lawyer.

Hire an experienced Spanish Fork Utah probate lawyer

Utah probate law is complex. When a will goes through probate, anyone who feels that they have been wrongly left out of the will can challenge the will. Challenging the will isn’t easy. If you are challenging a holographic will and you are claiming that its not in the handwriting of the testator, hire the services on an experienced Spanish Fork Utah probate lawyer. Merely claiming that the handwriting is different will not suffice. You have to prove that the handwriting is different. For this, you must provide evidence. The evidence that you are allowed to produce in the probate court is determined by the law of evidence. The law of evidence is complex. It’s certainly not your cup of tea or coffee. Don’t take chances. If you don’t provide evidence in support of your claim that the handwriting on the will differs from the handwriting of the testator, your case will be thrown out. Ignorance of the law is no excuse. An experienced Spanish Fork Utah probate lawyer is your best source of assistance.

If you believe that the handwritten will that someone is claiming to be written by your deceased relative is in fact not written by that relative, contact an experienced Spanish Fork Utah probate lawyer. You must act fast. You must file your opposition to the will during the probate process. Once the will has passed through probate and the executor has distributed the estate according to the will, it will be too late. The best time to challenge the will is during probate.

Spanish Fork Utah Probate Attorney Free Consultation

When you need legal help with a probate, will, or trust in Spanish Fork Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Is There An Inheritance Tax In Utah?

Real Estate Lawyer Grantsville Utah

Lawyer For Domestic Violence

How To Negotiate A Contract

Why Couples Choose Prenuptial Agreements

What Is The Average Cost Of Divorce In Utah?

from Michael Anderson https://www.ascentlawfirm.com/probate-lawyer-spanish-fork-utah/ from Divorce Lawyer Nelson Farms Utah https://divorcelawyernelsonfarmsutah.tumblr.com/post/187898580875

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Probate Lawyer Spanish Fork Utah

Wills, individuals’ declarations of how they want their property distributed after their deaths, are the basic form of succession. In general, wills are characterized by three customary requirements: they must be written, they must be signed, and they must be attested to—that is, authenticated by witnesses. Of the three, the most formal—some would say, archaically so—and the most likely to act as an impediment, is the attestation requirement. All states currently dictate that between two and three witnesses formally attest to the validity of a will in front of a third party, often a lawyer, an accountant, or notary public. Under Utah law, there must be two witnesses. An experienced Spanish Fork Utah probate lawyer is your best source of information on wills.

If a person dies without a will, he is said to have dies intestate. Intestacy laws specify who inherits if the deceased dies without leaving behind a valid will. These rules differ from place to place in many details and have changed a lot over the years. But the general idea is everywhere the same: close relatives are preferred over those who are not so close. The system also prefers descendants to ancestors: your mother’s right to inherit would usually be trumped by your daughter’s. We also take it for granted that a person’s relatives on both sides of the family are equally entitled to a share. No American state prefers a mother’s brother to a father’s brother, or vice versa; this equality is the essence of the American kinship system. The American system is a mixture of various ways of distributing property at death. Strictly speaking, nothing you “own” is up for grabs; but this simply follows from the way society defines ownership. Succession taxes, the intestacy laws, and freedom of testation are all real aspects of our law of succession. A single simple idea lies behind the intestacy laws of today. If a person dies without a will, the property goes to a surviving wife or husband, to the children and grandchildren, and if there are none of these, then to closest relatives. Nobody else has any claim. In broad outline, this has been the practice for centuries. The proportions and the emphasis, however, have changed with the passage of time.

Two changes are of particular importance. The first is the merger of rules about real estate and rules about personal property. The second is the growing share of the estate that goes to a surviving spouse, at the expense of other possible heirs. This trend is connected to the trend mentioned in the Introduction: the shift from emphasis on the bloodline family to the family of affection and dependence.

Utah recognizes Holographic Wills. Holographic wills are handwritten wills. If you want to challenge a holographic will, speak to an experienced Spanish Fork Utah probate lawyer. One of the grounds for challenging a holographic will is that the handwriting is different. To prove that the handwriting on the will is different from that of the testator, you will need the services of an expert witness. Your experienced Spanish Fork Utah probate lawyer can help you find a handwriting expert.

Handwriting analysis involves the comparison of a questioned item with an item of known origin. Certain requirements must be met before a handwriting comparison can be made. The writing must be of the same type (e.g., handwritten or hand printed) and the text must be of a comparable sort (e.g., similar letter and word combinations). Special situations involve forgery, which is an attempt to imitate another’s writing, and disguise, which is an attempt to change writing style to prevent identification. The bases for comparison are the features or attributes that are common to both samples. The characteristics of the writings are also identified as class characteristics (the style that the writer was taught), individual characteristics (the writer’s personal style), and other gross or subtle characteristics. The attributes used for comparison of handwriting are twenty one so-called discriminating elements. The comparison is based on the principal that, although individuals have variations within their own writing, no two persons write the same way. The analysis compares variability among writers and variability within a single person’s writing, as shown in the samples. Determining that two samples were written by the same person means concluding that the degree of variability is more consistent with individual writing variations than with variations between two different persons.

Beyond these basic principles there is no dispute and no claim that there is an identified or accepted system for analyzing handwriting, and that the analysis and conclusions are subjective evaluations made by handwriting examiners.10 The emphasis, therefore, has been on training and testing persons to be considered handwriting experts. The American Society for Testing and Materials (ASTM) has developed a number of standards. The American Board of Forensic Document Examiners is a trade organization that provides for certification. Although that organization requires an undergraduate degree in some field, there is no formal educational or training requirement otherwise, and most handwriting analysts are trained in forensic laboratories.

The basic principles of handwriting analysis are generally accepted as plausible scientific hypotheses. However, scientists point out that this plausibility is based on intuition rather than scientifically established evidence. They point out that these conclusions are accepted as axiomatic by handwriting examiners when they have never been thoroughly tested using scientific methods. Determining whether each person’s handwriting is truly unique would necessitate a study of a large number of randomly chosen persons and the categorization and measurement of the multitude of possible variations. There are no standardized measurements and there is not even a public record of handwriting samples which can be scientifically used to develop such measurements or to test the basic underlying theories of handwriting analysis.

Who Is an Expert?

What qualifies you as an expert witness? In looking for an expert witness, an experienced Spanish Fork Utah probate lawyer will the education and experience, licenses and certifications, the articles the expert witness has written, the courses or seminars you presented, and the opinions of peers. A specialization in a particular area makes an expert witness a valuable resource to legal counsel.

As an expert, the witness will typically be asked to evaluate and give opinions in the area of expertise.

When hire an expert witness for your probate litigation, be sure you clearly establish the expert’s designated area of expertise and the scope of the assignment. Once you have learned the background of the expert, feel free to turn down if it does not seem “right” to you. This saves potential embarrassment down the line.

Preparing to Testify

An expert witness, will be called on to offer his professional opinions and must be prepared to back them up in court. Before taking the stand, it is vital that the expert witness adequately prepares for the job ahead.

* Obtain all pertinent information regarding the case (names of plaintiff and defendant, date and location of incident, name and firm of opposing counsel). Be sure that there are no conflicts of interest.

* Work with the attorney to thoroughly understand the issues of the case and the role the expert will play.

* Evaluate the issues in light of professional standards of care and custom and practice criteria.

* Verify opinions with other experts and with available written sources. If the opinions of others are being used by your expert, be prepared to give their names and credentials.

* Review any opinions given by the expert or other experts in similar cases. This is particularly important if the expert’s opinion will differ significantly from past opinions. The expert must be prepared to explain why the current case is different.

* Study the statements of opposing counsel’s experts for any errors or inconsistencies that can be challenged in court. (Keep in mind that the opposition will be reviewing the expert’s findings in the same way; so it is a good idea to review your expert’s work with a critical eye before submitting it.)

* Try to anticipate the line of questioning set forth by the opposing counsel, and prepare your responses. Answer only after listening to the complete question; ask counsel to repeat or rephrase a question if it is not perfectly clear.

Types of Testimony

As an expert witness, the expert will also be called upon to testify in different venues. An interrogatory consists of responding to written questions submitted by opposing counsel during pre-trial proceedings called discovery. These answers are given under oath and should correspond to answers the expert gives at the trial. Otherwise the expert testimony will be impeached.

A deposition is a verbatim account of sworn testimony. Depositions are taken informally and recorded by a court reporter, and again you are under oath. Opposing counsel will often use the deposition process to test your knowledge and familiarity with the case at hand.

A hearing is a proceeding limited to specific legal issues and points of law. Expert witnesses are called less often at the hearing stage, although the expert witness may be called to testify if questions arise about whether or not there is sufficient evidence to proceed in the case or if the proceeding is an administrative hearing. Once again, the answers are given under oath.

Finally, there is the trial, which follows more formal courtroom procedures. Here, the facts of the case are explored and issues are examined and cross-examined.

Taking the Stand

The expert witness’ preparation culminates in the testimony. The expert begins by stating his or her name, work history, and professional qualifications. In general, these facts will not be disputed, although remember that it is the opposing counsel’s job to find anything that weakens the expert status.

Direct examination will give an expert the best opportunity to present his findings. The expert witness should rehearse his testimony with your experienced Spanish Fork Utah probate lawyer so that the expert will know how the probate lawyer wants to proceed.

In cross-examination, the opposing counsel’s goal is to discredit the expert testimony. The expert witness should answer all questions, but keep the= answers short and to the point. Most of the time a “yes” or “no” will suffice.

During redirect examination, your attorney will try to disprove any points made by opposing counsel. Use this opportunity to reinforce any points that were questioned by the opposition.

Before you hire a handwriting expert to challenge a holographic will in Utah, speak to an experienced Spanish Fork Utah probate lawyer.

Hire an experienced Spanish Fork Utah probate lawyer

Utah probate law is complex. When a will goes through probate, anyone who feels that they have been wrongly left out of the will can challenge the will. Challenging the will isn’t easy. If you are challenging a holographic will and you are claiming that its not in the handwriting of the testator, hire the services on an experienced Spanish Fork Utah probate lawyer. Merely claiming that the handwriting is different will not suffice. You have to prove that the handwriting is different. For this, you must provide evidence. The evidence that you are allowed to produce in the probate court is determined by the law of evidence. The law of evidence is complex. It’s certainly not your cup of tea or coffee. Don’t take chances. If you don’t provide evidence in support of your claim that the handwriting on the will differs from the handwriting of the testator, your case will be thrown out. Ignorance of the law is no excuse. An experienced Spanish Fork Utah probate lawyer is your best source of assistance.

If you believe that the handwritten will that someone is claiming to be written by your deceased relative is in fact not written by that relative, contact an experienced Spanish Fork Utah probate lawyer. You must act fast. You must file your opposition to the will during the probate process. Once the will has passed through probate and the executor has distributed the estate according to the will, it will be too late. The best time to challenge the will is during probate.

Spanish Fork Utah Probate Attorney Free Consultation

When you need legal help with a probate, will, or trust in Spanish Fork Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Is There An Inheritance Tax In Utah?

Real Estate Lawyer Grantsville Utah

Lawyer For Domestic Violence

How To Negotiate A Contract

Why Couples Choose Prenuptial Agreements

What Is The Average Cost Of Divorce In Utah?

Source: https://www.ascentlawfirm.com/probate-lawyer-spanish-fork-utah/

[aretia]

Probate Lawyer Spanish Fork Utah

Wills, individuals’ declarations of how they want their property distributed after their deaths, are the basic form of succession. In general, wills are characterized by three customary requirements: they must be written, they must be signed, and they must be attested to—that is, authenticated by witnesses. Of the three, the most formal—some would say, archaically so—and the most likely to act as an impediment, is the attestation requirement. All states currently dictate that between two and three witnesses formally attest to the validity of a will in front of a third party, often a lawyer, an accountant, or notary public. Under Utah law, there must be two witnesses. An experienced Spanish Fork Utah probate lawyer is your best source of information on wills.

If a person dies without a will, he is said to have dies intestate. Intestacy laws specify who inherits if the deceased dies without leaving behind a valid will. These rules differ from place to place in many details and have changed a lot over the years. But the general idea is everywhere the same: close relatives are preferred over those who are not so close. The system also prefers descendants to ancestors: your mother’s right to inherit would usually be trumped by your daughter’s. We also take it for granted that a person’s relatives on both sides of the family are equally entitled to a share. No American state prefers a mother’s brother to a father’s brother, or vice versa; this equality is the essence of the American kinship system. The American system is a mixture of various ways of distributing property at death. Strictly speaking, nothing you “own” is up for grabs; but this simply follows from the way society defines ownership. Succession taxes, the intestacy laws, and freedom of testation are all real aspects of our law of succession. A single simple idea lies behind the intestacy laws of today. If a person dies without a will, the property goes to a surviving wife or husband, to the children and grandchildren, and if there are none of these, then to closest relatives. Nobody else has any claim. In broad outline, this has been the practice for centuries. The proportions and the emphasis, however, have changed with the passage of time.

Two changes are of particular importance. The first is the merger of rules about real estate and rules about personal property. The second is the growing share of the estate that goes to a surviving spouse, at the expense of other possible heirs. This trend is connected to the trend mentioned in the Introduction: the shift from emphasis on the bloodline family to the family of affection and dependence.

Utah recognizes Holographic Wills. Holographic wills are handwritten wills. If you want to challenge a holographic will, speak to an experienced Spanish Fork Utah probate lawyer. One of the grounds for challenging a holographic will is that the handwriting is different. To prove that the handwriting on the will is different from that of the testator, you will need the services of an expert witness. Your experienced Spanish Fork Utah probate lawyer can help you find a handwriting expert.

Handwriting analysis involves the comparison of a questioned item with an item of known origin. Certain requirements must be met before a handwriting comparison can be made. The writing must be of the same type (e.g., handwritten or hand printed) and the text must be of a comparable sort (e.g., similar letter and word combinations). Special situations involve forgery, which is an attempt to imitate another’s writing, and disguise, which is an attempt to change writing style to prevent identification. The bases for comparison are the features or attributes that are common to both samples. The characteristics of the writings are also identified as class characteristics (the style that the writer was taught), individual characteristics (the writer’s personal style), and other gross or subtle characteristics. The attributes used for comparison of handwriting are twenty one so-called discriminating elements. The comparison is based on the principal that, although individuals have variations within their own writing, no two persons write the same way. The analysis compares variability among writers and variability within a single person’s writing, as shown in the samples. Determining that two samples were written by the same person means concluding that the degree of variability is more consistent with individual writing variations than with variations between two different persons.

Beyond these basic principles there is no dispute and no claim that there is an identified or accepted system for analyzing handwriting, and that the analysis and conclusions are subjective evaluations made by handwriting examiners.10 The emphasis, therefore, has been on training and testing persons to be considered handwriting experts. The American Society for Testing and Materials (ASTM) has developed a number of standards. The American Board of Forensic Document Examiners is a trade organization that provides for certification. Although that organization requires an undergraduate degree in some field, there is no formal educational or training requirement otherwise, and most handwriting analysts are trained in forensic laboratories.

The basic principles of handwriting analysis are generally accepted as plausible scientific hypotheses. However, scientists point out that this plausibility is based on intuition rather than scientifically established evidence. They point out that these conclusions are accepted as axiomatic by handwriting examiners when they have never been thoroughly tested using scientific methods. Determining whether each person’s handwriting is truly unique would necessitate a study of a large number of randomly chosen persons and the categorization and measurement of the multitude of possible variations. There are no standardized measurements and there is not even a public record of handwriting samples which can be scientifically used to develop such measurements or to test the basic underlying theories of handwriting analysis.

Who Is an Expert?

What qualifies you as an expert witness? In looking for an expert witness, an experienced Spanish Fork Utah probate lawyer will the education and experience, licenses and certifications, the articles the expert witness has written, the courses or seminars you presented, and the opinions of peers. A specialization in a particular area makes an expert witness a valuable resource to legal counsel.

As an expert, the witness will typically be asked to evaluate and give opinions in the area of expertise.

When hire an expert witness for your probate litigation, be sure you clearly establish the expert’s designated area of expertise and the scope of the assignment. Once you have learned the background of the expert, feel free to turn down if it does not seem “right” to you. This saves potential embarrassment down the line.

Preparing to Testify

An expert witness, will be called on to offer his professional opinions and must be prepared to back them up in court. Before taking the stand, it is vital that the expert witness adequately prepares for the job ahead.

* Obtain all pertinent information regarding the case (names of plaintiff and defendant, date and location of incident, name and firm of opposing counsel). Be sure that there are no conflicts of interest.

* Work with the attorney to thoroughly understand the issues of the case and the role the expert will play.

* Evaluate the issues in light of professional standards of care and custom and practice criteria.

* Verify opinions with other experts and with available written sources. If the opinions of others are being used by your expert, be prepared to give their names and credentials.

* Review any opinions given by the expert or other experts in similar cases. This is particularly important if the expert’s opinion will differ significantly from past opinions. The expert must be prepared to explain why the current case is different.

* Study the statements of opposing counsel’s experts for any errors or inconsistencies that can be challenged in court. (Keep in mind that the opposition will be reviewing the expert’s findings in the same way; so it is a good idea to review your expert’s work with a critical eye before submitting it.)

* Try to anticipate the line of questioning set forth by the opposing counsel, and prepare your responses. Answer only after listening to the complete question; ask counsel to repeat or rephrase a question if it is not perfectly clear.

Types of Testimony

As an expert witness, the expert will also be called upon to testify in different venues. An interrogatory consists of responding to written questions submitted by opposing counsel during pre-trial proceedings called discovery. These answers are given under oath and should correspond to answers the expert gives at the trial. Otherwise the expert testimony will be impeached.

A deposition is a verbatim account of sworn testimony. Depositions are taken informally and recorded by a court reporter, and again you are under oath. Opposing counsel will often use the deposition process to test your knowledge and familiarity with the case at hand.

A hearing is a proceeding limited to specific legal issues and points of law. Expert witnesses are called less often at the hearing stage, although the expert witness may be called to testify if questions arise about whether or not there is sufficient evidence to proceed in the case or if the proceeding is an administrative hearing. Once again, the answers are given under oath.

Finally, there is the trial, which follows more formal courtroom procedures. Here, the facts of the case are explored and issues are examined and cross-examined.

Taking the Stand

The expert witness’ preparation culminates in the testimony. The expert begins by stating his or her name, work history, and professional qualifications. In general, these facts will not be disputed, although remember that it is the opposing counsel’s job to find anything that weakens the expert status.

Direct examination will give an expert the best opportunity to present his findings. The expert witness should rehearse his testimony with your experienced Spanish Fork Utah probate lawyer so that the expert will know how the probate lawyer wants to proceed.

In cross-examination, the opposing counsel’s goal is to discredit the expert testimony. The expert witness should answer all questions, but keep the= answers short and to the point. Most of the time a “yes” or “no” will suffice.

During redirect examination, your attorney will try to disprove any points made by opposing counsel. Use this opportunity to reinforce any points that were questioned by the opposition.

Before you hire a handwriting expert to challenge a holographic will in Utah, speak to an experienced Spanish Fork Utah probate lawyer.

Hire an experienced Spanish Fork Utah probate lawyer

Utah probate law is complex. When a will goes through probate, anyone who feels that they have been wrongly left out of the will can challenge the will. Challenging the will isn’t easy. If you are challenging a holographic will and you are claiming that its not in the handwriting of the testator, hire the services on an experienced Spanish Fork Utah probate lawyer. Merely claiming that the handwriting is different will not suffice. You have to prove that the handwriting is different. For this, you must provide evidence. The evidence that you are allowed to produce in the probate court is determined by the law of evidence. The law of evidence is complex. It’s certainly not your cup of tea or coffee. Don’t take chances. If you don’t provide evidence in support of your claim that the handwriting on the will differs from the handwriting of the testator, your case will be thrown out. Ignorance of the law is no excuse. An experienced Spanish Fork Utah probate lawyer is your best source of assistance.

If you believe that the handwritten will that someone is claiming to be written by your deceased relative is in fact not written by that relative, contact an experienced Spanish Fork Utah probate lawyer. You must act fast. You must file your opposition to the will during the probate process. Once the will has passed through probate and the executor has distributed the estate according to the will, it will be too late. The best time to challenge the will is during probate.

Spanish Fork Utah Probate Attorney Free Consultation

When you need legal help with a probate, will, or trust in Spanish Fork Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Is There An Inheritance Tax In Utah?

Real Estate Lawyer Grantsville Utah

Lawyer For Domestic Violence

How To Negotiate A Contract

Why Couples Choose Prenuptial Agreements

What Is The Average Cost Of Divorce In Utah?

Source: https://www.ascentlawfirm.com/probate-lawyer-spanish-fork-utah/

[gonnagoandrunwiththehorses]

Probate Lawyer Spanish Fork Utah

Wills, individuals’ declarations of how they want their property distributed after their deaths, are the basic form of succession. In general, wills are characterized by three customary requirements: they must be written, they must be signed, and they must be attested to—that is, authenticated by witnesses. Of the three, the most formal—some would say, archaically so—and the most likely to act as an impediment, is the attestation requirement. All states currently dictate that between two and three witnesses formally attest to the validity of a will in front of a third party, often a lawyer, an accountant, or notary public. Under Utah law, there must be two witnesses. An experienced Spanish Fork Utah probate lawyer is your best source of information on wills.

If a person dies without a will, he is said to have dies intestate. Intestacy laws specify who inherits if the deceased dies without leaving behind a valid will. These rules differ from place to place in many details and have changed a lot over the years. But the general idea is everywhere the same: close relatives are preferred over those who are not so close. The system also prefers descendants to ancestors: your mother’s right to inherit would usually be trumped by your daughter’s. We also take it for granted that a person’s relatives on both sides of the family are equally entitled to a share. No American state prefers a mother’s brother to a father’s brother, or vice versa; this equality is the essence of the American kinship system. The American system is a mixture of various ways of distributing property at death. Strictly speaking, nothing you “own” is up for grabs; but this simply follows from the way society defines ownership. Succession taxes, the intestacy laws, and freedom of testation are all real aspects of our law of succession. A single simple idea lies behind the intestacy laws of today. If a person dies without a will, the property goes to a surviving wife or husband, to the children and grandchildren, and if there are none of these, then to closest relatives. Nobody else has any claim. In broad outline, this has been the practice for centuries. The proportions and the emphasis, however, have changed with the passage of time.

Two changes are of particular importance. The first is the merger of rules about real estate and rules about personal property. The second is the growing share of the estate that goes to a surviving spouse, at the expense of other possible heirs. This trend is connected to the trend mentioned in the Introduction: the shift from emphasis on the bloodline family to the family of affection and dependence.

Utah recognizes Holographic Wills. Holographic wills are handwritten wills. If you want to challenge a holographic will, speak to an experienced Spanish Fork Utah probate lawyer. One of the grounds for challenging a holographic will is that the handwriting is different. To prove that the handwriting on the will is different from that of the testator, you will need the services of an expert witness. Your experienced Spanish Fork Utah probate lawyer can help you find a handwriting expert.

Handwriting analysis involves the comparison of a questioned item with an item of known origin. Certain requirements must be met before a handwriting comparison can be made. The writing must be of the same type (e.g., handwritten or hand printed) and the text must be of a comparable sort (e.g., similar letter and word combinations). Special situations involve forgery, which is an attempt to imitate another’s writing, and disguise, which is an attempt to change writing style to prevent identification. The bases for comparison are the features or attributes that are common to both samples. The characteristics of the writings are also identified as class characteristics (the style that the writer was taught), individual characteristics (the writer’s personal style), and other gross or subtle characteristics. The attributes used for comparison of handwriting are twenty one so-called discriminating elements. The comparison is based on the principal that, although individuals have variations within their own writing, no two persons write the same way. The analysis compares variability among writers and variability within a single person’s writing, as shown in the samples. Determining that two samples were written by the same person means concluding that the degree of variability is more consistent with individual writing variations than with variations between two different persons.

Beyond these basic principles there is no dispute and no claim that there is an identified or accepted system for analyzing handwriting, and that the analysis and conclusions are subjective evaluations made by handwriting examiners.10 The emphasis, therefore, has been on training and testing persons to be considered handwriting experts. The American Society for Testing and Materials (ASTM) has developed a number of standards. The American Board of Forensic Document Examiners is a trade organization that provides for certification. Although that organization requires an undergraduate degree in some field, there is no formal educational or training requirement otherwise, and most handwriting analysts are trained in forensic laboratories.

The basic principles of handwriting analysis are generally accepted as plausible scientific hypotheses. However, scientists point out that this plausibility is based on intuition rather than scientifically established evidence. They point out that these conclusions are accepted as axiomatic by handwriting examiners when they have never been thoroughly tested using scientific methods. Determining whether each person’s handwriting is truly unique would necessitate a study of a large number of randomly chosen persons and the categorization and measurement of the multitude of possible variations. There are no standardized measurements and there is not even a public record of handwriting samples which can be scientifically used to develop such measurements or to test the basic underlying theories of handwriting analysis.

Who Is an Expert?

What qualifies you as an expert witness? In looking for an expert witness, an experienced Spanish Fork Utah probate lawyer will the education and experience, licenses and certifications, the articles the expert witness has written, the courses or seminars you presented, and the opinions of peers. A specialization in a particular area makes an expert witness a valuable resource to legal counsel.

As an expert, the witness will typically be asked to evaluate and give opinions in the area of expertise.

When hire an expert witness for your probate litigation, be sure you clearly establish the expert’s designated area of expertise and the scope of the assignment. Once you have learned the background of the expert, feel free to turn down if it does not seem “right” to you. This saves potential embarrassment down the line.

Preparing to Testify

An expert witness, will be called on to offer his professional opinions and must be prepared to back them up in court. Before taking the stand, it is vital that the expert witness adequately prepares for the job ahead.

* Obtain all pertinent information regarding the case (names of plaintiff and defendant, date and location of incident, name and firm of opposing counsel). Be sure that there are no conflicts of interest.

* Work with the attorney to thoroughly understand the issues of the case and the role the expert will play.

* Evaluate the issues in light of professional standards of care and custom and practice criteria.

* Verify opinions with other experts and with available written sources. If the opinions of others are being used by your expert, be prepared to give their names and credentials.

* Review any opinions given by the expert or other experts in similar cases. This is particularly important if the expert’s opinion will differ significantly from past opinions. The expert must be prepared to explain why the current case is different.

* Study the statements of opposing counsel’s experts for any errors or inconsistencies that can be challenged in court. (Keep in mind that the opposition will be reviewing the expert’s findings in the same way; so it is a good idea to review your expert’s work with a critical eye before submitting it.)

* Try to anticipate the line of questioning set forth by the opposing counsel, and prepare your responses. Answer only after listening to the complete question; ask counsel to repeat or rephrase a question if it is not perfectly clear.

Types of Testimony

As an expert witness, the expert will also be called upon to testify in different venues. An interrogatory consists of responding to written questions submitted by opposing counsel during pre-trial proceedings called discovery. These answers are given under oath and should correspond to answers the expert gives at the trial. Otherwise the expert testimony will be impeached.

A deposition is a verbatim account of sworn testimony. Depositions are taken informally and recorded by a court reporter, and again you are under oath. Opposing counsel will often use the deposition process to test your knowledge and familiarity with the case at hand.

A hearing is a proceeding limited to specific legal issues and points of law. Expert witnesses are called less often at the hearing stage, although the expert witness may be called to testify if questions arise about whether or not there is sufficient evidence to proceed in the case or if the proceeding is an administrative hearing. Once again, the answers are given under oath.

Finally, there is the trial, which follows more formal courtroom procedures. Here, the facts of the case are explored and issues are examined and cross-examined.

Taking the Stand

The expert witness’ preparation culminates in the testimony. The expert begins by stating his or her name, work history, and professional qualifications. In general, these facts will not be disputed, although remember that it is the opposing counsel’s job to find anything that weakens the expert status.

Direct examination will give an expert the best opportunity to present his findings. The expert witness should rehearse his testimony with your experienced Spanish Fork Utah probate lawyer so that the expert will know how the probate lawyer wants to proceed.

In cross-examination, the opposing counsel’s goal is to discredit the expert testimony. The expert witness should answer all questions, but keep the= answers short and to the point. Most of the time a “yes” or “no” will suffice.

During redirect examination, your attorney will try to disprove any points made by opposing counsel. Use this opportunity to reinforce any points that were questioned by the opposition.

Before you hire a handwriting expert to challenge a holographic will in Utah, speak to an experienced Spanish Fork Utah probate lawyer.

Hire an experienced Spanish Fork Utah probate lawyer

Utah probate law is complex. When a will goes through probate, anyone who feels that they have been wrongly left out of the will can challenge the will. Challenging the will isn’t easy. If you are challenging a holographic will and you are claiming that its not in the handwriting of the testator, hire the services on an experienced Spanish Fork Utah probate lawyer. Merely claiming that the handwriting is different will not suffice. You have to prove that the handwriting is different. For this, you must provide evidence. The evidence that you are allowed to produce in the probate court is determined by the law of evidence. The law of evidence is complex. It’s certainly not your cup of tea or coffee. Don’t take chances. If you don’t provide evidence in support of your claim that the handwriting on the will differs from the handwriting of the testator, your case will be thrown out. Ignorance of the law is no excuse. An experienced Spanish Fork Utah probate lawyer is your best source of assistance.

If you believe that the handwritten will that someone is claiming to be written by your deceased relative is in fact not written by that relative, contact an experienced Spanish Fork Utah probate lawyer. You must act fast. You must file your opposition to the will during the probate process. Once the will has passed through probate and the executor has distributed the estate according to the will, it will be too late. The best time to challenge the will is during probate.

Spanish Fork Utah Probate Attorney Free Consultation

When you need legal help with a probate, will, or trust in Spanish Fork Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Is There An Inheritance Tax In Utah?

Real Estate Lawyer Grantsville Utah

Lawyer For Domestic Violence

How To Negotiate A Contract

Why Couples Choose Prenuptial Agreements

What Is The Average Cost Of Divorce In Utah?

Source: https://www.ascentlawfirm.com/probate-lawyer-spanish-fork-utah/

[divorcelawyergunnisonutah]

Probate Lawyer Spanish Fork Utah

Wills, individuals’ declarations of how they want their property distributed after their deaths, are the basic form of succession. In general, wills are characterized by three customary requirements: they must be written, they must be signed, and they must be attested to—that is, authenticated by witnesses. Of the three, the most formal—some would say, archaically so—and the most likely to act as an impediment, is the attestation requirement. All states currently dictate that between two and three witnesses formally attest to the validity of a will in front of a third party, often a lawyer, an accountant, or notary public. Under Utah law, there must be two witnesses. An experienced Spanish Fork Utah probate lawyer is your best source of information on wills.

If a person dies without a will, he is said to have dies intestate. Intestacy laws specify who inherits if the deceased dies without leaving behind a valid will. These rules differ from place to place in many details and have changed a lot over the years. But the general idea is everywhere the same: close relatives are preferred over those who are not so close. The system also prefers descendants to ancestors: your mother’s right to inherit would usually be trumped by your daughter’s. We also take it for granted that a person’s relatives on both sides of the family are equally entitled to a share. No American state prefers a mother’s brother to a father’s brother, or vice versa; this equality is the essence of the American kinship system. The American system is a mixture of various ways of distributing property at death. Strictly speaking, nothing you “own” is up for grabs; but this simply follows from the way society defines ownership. Succession taxes, the intestacy laws, and freedom of testation are all real aspects of our law of succession. A single simple idea lies behind the intestacy laws of today. If a person dies without a will, the property goes to a surviving wife or husband, to the children and grandchildren, and if there are none of these, then to closest relatives. Nobody else has any claim. In broad outline, this has been the practice for centuries. The proportions and the emphasis, however, have changed with the passage of time.

Two changes are of particular importance. The first is the merger of rules about real estate and rules about personal property. The second is the growing share of the estate that goes to a surviving spouse, at the expense of other possible heirs. This trend is connected to the trend mentioned in the Introduction: the shift from emphasis on the bloodline family to the family of affection and dependence.

Utah recognizes Holographic Wills. Holographic wills are handwritten wills. If you want to challenge a holographic will, speak to an experienced Spanish Fork Utah probate lawyer. One of the grounds for challenging a holographic will is that the handwriting is different. To prove that the handwriting on the will is different from that of the testator, you will need the services of an expert witness. Your experienced Spanish Fork Utah probate lawyer can help you find a handwriting expert.

Handwriting analysis involves the comparison of a questioned item with an item of known origin. Certain requirements must be met before a handwriting comparison can be made. The writing must be of the same type (e.g., handwritten or hand printed) and the text must be of a comparable sort (e.g., similar letter and word combinations). Special situations involve forgery, which is an attempt to imitate another’s writing, and disguise, which is an attempt to change writing style to prevent identification. The bases for comparison are the features or attributes that are common to both samples. The characteristics of the writings are also identified as class characteristics (the style that the writer was taught), individual characteristics (the writer’s personal style), and other gross or subtle characteristics. The attributes used for comparison of handwriting are twenty one so-called discriminating elements. The comparison is based on the principal that, although individuals have variations within their own writing, no two persons write the same way. The analysis compares variability among writers and variability within a single person’s writing, as shown in the samples. Determining that two samples were written by the same person means concluding that the degree of variability is more consistent with individual writing variations than with variations between two different persons.

Beyond these basic principles there is no dispute and no claim that there is an identified or accepted system for analyzing handwriting, and that the analysis and conclusions are subjective evaluations made by handwriting examiners.10 The emphasis, therefore, has been on training and testing persons to be considered handwriting experts. The American Society for Testing and Materials (ASTM) has developed a number of standards. The American Board of Forensic Document Examiners is a trade organization that provides for certification. Although that organization requires an undergraduate degree in some field, there is no formal educational or training requirement otherwise, and most handwriting analysts are trained in forensic laboratories.

The basic principles of handwriting analysis are generally accepted as plausible scientific hypotheses. However, scientists point out that this plausibility is based on intuition rather than scientifically established evidence. They point out that these conclusions are accepted as axiomatic by handwriting examiners when they have never been thoroughly tested using scientific methods. Determining whether each person’s handwriting is truly unique would necessitate a study of a large number of randomly chosen persons and the categorization and measurement of the multitude of possible variations. There are no standardized measurements and there is not even a public record of handwriting samples which can be scientifically used to develop such measurements or to test the basic underlying theories of handwriting analysis.

Who Is an Expert?

What qualifies you as an expert witness? In looking for an expert witness, an experienced Spanish Fork Utah probate lawyer will the education and experience, licenses and certifications, the articles the expert witness has written, the courses or seminars you presented, and the opinions of peers. A specialization in a particular area makes an expert witness a valuable resource to legal counsel.

As an expert, the witness will typically be asked to evaluate and give opinions in the area of expertise.

When hire an expert witness for your probate litigation, be sure you clearly establish the expert’s designated area of expertise and the scope of the assignment. Once you have learned the background of the expert, feel free to turn down if it does not seem “right” to you. This saves potential embarrassment down the line.

Preparing to Testify

An expert witness, will be called on to offer his professional opinions and must be prepared to back them up in court. Before taking the stand, it is vital that the expert witness adequately prepares for the job ahead.

* Obtain all pertinent information regarding the case (names of plaintiff and defendant, date and location of incident, name and firm of opposing counsel). Be sure that there are no conflicts of interest.

* Work with the attorney to thoroughly understand the issues of the case and the role the expert will play.

* Evaluate the issues in light of professional standards of care and custom and practice criteria.

* Verify opinions with other experts and with available written sources. If the opinions of others are being used by your expert, be prepared to give their names and credentials.

* Review any opinions given by the expert or other experts in similar cases. This is particularly important if the expert’s opinion will differ significantly from past opinions. The expert must be prepared to explain why the current case is different.

* Study the statements of opposing counsel’s experts for any errors or inconsistencies that can be challenged in court. (Keep in mind that the opposition will be reviewing the expert’s findings in the same way; so it is a good idea to review your expert’s work with a critical eye before submitting it.)

* Try to anticipate the line of questioning set forth by the opposing counsel, and prepare your responses. Answer only after listening to the complete question; ask counsel to repeat or rephrase a question if it is not perfectly clear.

Types of Testimony

As an expert witness, the expert will also be called upon to testify in different venues. An interrogatory consists of responding to written questions submitted by opposing counsel during pre-trial proceedings called discovery. These answers are given under oath and should correspond to answers the expert gives at the trial. Otherwise the expert testimony will be impeached.

A deposition is a verbatim account of sworn testimony. Depositions are taken informally and recorded by a court reporter, and again you are under oath. Opposing counsel will often use the deposition process to test your knowledge and familiarity with the case at hand.

A hearing is a proceeding limited to specific legal issues and points of law. Expert witnesses are called less often at the hearing stage, although the expert witness may be called to testify if questions arise about whether or not there is sufficient evidence to proceed in the case or if the proceeding is an administrative hearing. Once again, the answers are given under oath.

Finally, there is the trial, which follows more formal courtroom procedures. Here, the facts of the case are explored and issues are examined and cross-examined.

Taking the Stand

The expert witness’ preparation culminates in the testimony. The expert begins by stating his or her name, work history, and professional qualifications. In general, these facts will not be disputed, although remember that it is the opposing counsel’s job to find anything that weakens the expert status.

Direct examination will give an expert the best opportunity to present his findings. The expert witness should rehearse his testimony with your experienced Spanish Fork Utah probate lawyer so that the expert will know how the probate lawyer wants to proceed.

In cross-examination, the opposing counsel’s goal is to discredit the expert testimony. The expert witness should answer all questions, but keep the= answers short and to the point. Most of the time a “yes” or “no” will suffice.

During redirect examination, your attorney will try to disprove any points made by opposing counsel. Use this opportunity to reinforce any points that were questioned by the opposition.

Before you hire a handwriting expert to challenge a holographic will in Utah, speak to an experienced Spanish Fork Utah probate lawyer.

Hire an experienced Spanish Fork Utah probate lawyer

Utah probate law is complex. When a will goes through probate, anyone who feels that they have been wrongly left out of the will can challenge the will. Challenging the will isn’t easy. If you are challenging a holographic will and you are claiming that its not in the handwriting of the testator, hire the services on an experienced Spanish Fork Utah probate lawyer. Merely claiming that the handwriting is different will not suffice. You have to prove that the handwriting is different. For this, you must provide evidence. The evidence that you are allowed to produce in the probate court is determined by the law of evidence. The law of evidence is complex. It’s certainly not your cup of tea or coffee. Don’t take chances. If you don’t provide evidence in support of your claim that the handwriting on the will differs from the handwriting of the testator, your case will be thrown out. Ignorance of the law is no excuse. An experienced Spanish Fork Utah probate lawyer is your best source of assistance.

If you believe that the handwritten will that someone is claiming to be written by your deceased relative is in fact not written by that relative, contact an experienced Spanish Fork Utah probate lawyer. You must act fast. You must file your opposition to the will during the probate process. Once the will has passed through probate and the executor has distributed the estate according to the will, it will be too late. The best time to challenge the will is during probate.

Spanish Fork Utah Probate Attorney Free Consultation

When you need legal help with a probate, will, or trust in Spanish Fork Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

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from Michael Anderson https://www.ascentlawfirm.com/probate-lawyer-spanish-fork-utah/

[coming-from-hell]

Probate Lawyer Spanish Fork Utah

Wills, individuals’ declarations of how they want their property distributed after their deaths, are the basic form of succession. In general, wills are characterized by three customary requirements: they must be written, they must be signed, and they must be attested to—that is, authenticated by witnesses. Of the three, the most formal—some would say, archaically so—and the most likely to act as an impediment, is the attestation requirement. All states currently dictate that between two and three witnesses formally attest to the validity of a will in front of a third party, often a lawyer, an accountant, or notary public. Under Utah law, there must be two witnesses. An experienced Spanish Fork Utah probate lawyer is your best source of information on wills.

If a person dies without a will, he is said to have dies intestate. Intestacy laws specify who inherits if the deceased dies without leaving behind a valid will. These rules differ from place to place in many details and have changed a lot over the years. But the general idea is everywhere the same: close relatives are preferred over those who are not so close. The system also prefers descendants to ancestors: your mother’s right to inherit would usually be trumped by your daughter’s. We also take it for granted that a person’s relatives on both sides of the family are equally entitled to a share. No American state prefers a mother’s brother to a father’s brother, or vice versa; this equality is the essence of the American kinship system. The American system is a mixture of various ways of distributing property at death. Strictly speaking, nothing you “own” is up for grabs; but this simply follows from the way society defines ownership. Succession taxes, the intestacy laws, and freedom of testation are all real aspects of our law of succession. A single simple idea lies behind the intestacy laws of today. If a person dies without a will, the property goes to a surviving wife or husband, to the children and grandchildren, and if there are none of these, then to closest relatives. Nobody else has any claim. In broad outline, this has been the practice for centuries. The proportions and the emphasis, however, have changed with the passage of time.

Two changes are of particular importance. The first is the merger of rules about real estate and rules about personal property. The second is the growing share of the estate that goes to a surviving spouse, at the expense of other possible heirs. This trend is connected to the trend mentioned in the Introduction: the shift from emphasis on the bloodline family to the family of affection and dependence.

Utah recognizes Holographic Wills. Holographic wills are handwritten wills. If you want to challenge a holographic will, speak to an experienced Spanish Fork Utah probate lawyer. One of the grounds for challenging a holographic will is that the handwriting is different. To prove that the handwriting on the will is different from that of the testator, you will need the services of an expert witness. Your experienced Spanish Fork Utah probate lawyer can help you find a handwriting expert.

Handwriting analysis involves the comparison of a questioned item with an item of known origin. Certain requirements must be met before a handwriting comparison can be made. The writing must be of the same type (e.g., handwritten or hand printed) and the text must be of a comparable sort (e.g., similar letter and word combinations). Special situations involve forgery, which is an attempt to imitate another’s writing, and disguise, which is an attempt to change writing style to prevent identification. The bases for comparison are the features or attributes that are common to both samples. The characteristics of the writings are also identified as class characteristics (the style that the writer was taught), individual characteristics (the writer’s personal style), and other gross or subtle characteristics. The attributes used for comparison of handwriting are twenty one so-called discriminating elements. The comparison is based on the principal that, although individuals have variations within their own writing, no two persons write the same way. The analysis compares variability among writers and variability within a single person’s writing, as shown in the samples. Determining that two samples were written by the same person means concluding that the degree of variability is more consistent with individual writing variations than with variations between two different persons.

Beyond these basic principles there is no dispute and no claim that there is an identified or accepted system for analyzing handwriting, and that the analysis and conclusions are subjective evaluations made by handwriting examiners.10 The emphasis, therefore, has been on training and testing persons to be considered handwriting experts. The American Society for Testing and Materials (ASTM) has developed a number of standards. The American Board of Forensic Document Examiners is a trade organization that provides for certification. Although that organization requires an undergraduate degree in some field, there is no formal educational or training requirement otherwise, and most handwriting analysts are trained in forensic laboratories.

The basic principles of handwriting analysis are generally accepted as plausible scientific hypotheses. However, scientists point out that this plausibility is based on intuition rather than scientifically established evidence. They point out that these conclusions are accepted as axiomatic by handwriting examiners when they have never been thoroughly tested using scientific methods. Determining whether each person’s handwriting is truly unique would necessitate a study of a large number of randomly chosen persons and the categorization and measurement of the multitude of possible variations. There are no standardized measurements and there is not even a public record of handwriting samples which can be scientifically used to develop such measurements or to test the basic underlying theories of handwriting analysis.

Who Is an Expert?

What qualifies you as an expert witness? In looking for an expert witness, an experienced Spanish Fork Utah probate lawyer will the education and experience, licenses and certifications, the articles the expert witness has written, the courses or seminars you presented, and the opinions of peers. A specialization in a particular area makes an expert witness a valuable resource to legal counsel.

As an expert, the witness will typically be asked to evaluate and give opinions in the area of expertise.

When hire an expert witness for your probate litigation, be sure you clearly establish the expert’s designated area of expertise and the scope of the assignment. Once you have learned the background of the expert, feel free to turn down if it does not seem “right” to you. This saves potential embarrassment down the line.

Preparing to Testify

An expert witness, will be called on to offer his professional opinions and must be prepared to back them up in court. Before taking the stand, it is vital that the expert witness adequately prepares for the job ahead.

* Obtain all pertinent information regarding the case (names of plaintiff and defendant, date and location of incident, name and firm of opposing counsel). Be sure that there are no conflicts of interest.

* Work with the attorney to thoroughly understand the issues of the case and the role the expert will play.

* Evaluate the issues in light of professional standards of care and custom and practice criteria.

* Verify opinions with other experts and with available written sources. If the opinions of others are being used by your expert, be prepared to give their names and credentials.

* Review any opinions given by the expert or other experts in similar cases. This is particularly important if the expert’s opinion will differ significantly from past opinions. The expert must be prepared to explain why the current case is different.

* Study the statements of opposing counsel’s experts for any errors or inconsistencies that can be challenged in court. (Keep in mind that the opposition will be reviewing the expert’s findings in the same way; so it is a good idea to review your expert’s work with a critical eye before submitting it.)

* Try to anticipate the line of questioning set forth by the opposing counsel, and prepare your responses. Answer only after listening to the complete question; ask counsel to repeat or rephrase a question if it is not perfectly clear.

Types of Testimony

As an expert witness, the expert will also be called upon to testify in different venues. An interrogatory consists of responding to written questions submitted by opposing counsel during pre-trial proceedings called discovery. These answers are given under oath and should correspond to answers the expert gives at the trial. Otherwise the expert testimony will be impeached.

A deposition is a verbatim account of sworn testimony. Depositions are taken informally and recorded by a court reporter, and again you are under oath. Opposing counsel will often use the deposition process to test your knowledge and familiarity with the case at hand.

A hearing is a proceeding limited to specific legal issues and points of law. Expert witnesses are called less often at the hearing stage, although the expert witness may be called to testify if questions arise about whether or not there is sufficient evidence to proceed in the case or if the proceeding is an administrative hearing. Once again, the answers are given under oath.

Finally, there is the trial, which follows more formal courtroom procedures. Here, the facts of the case are explored and issues are examined and cross-examined.

Taking the Stand

The expert witness’ preparation culminates in the testimony. The expert begins by stating his or her name, work history, and professional qualifications. In general, these facts will not be disputed, although remember that it is the opposing counsel’s job to find anything that weakens the expert status.

Direct examination will give an expert the best opportunity to present his findings. The expert witness should rehearse his testimony with your experienced Spanish Fork Utah probate lawyer so that the expert will know how the probate lawyer wants to proceed.

In cross-examination, the opposing counsel’s goal is to discredit the expert testimony. The expert witness should answer all questions, but keep the= answers short and to the point. Most of the time a “yes” or “no” will suffice.

During redirect examination, your attorney will try to disprove any points made by opposing counsel. Use this opportunity to reinforce any points that were questioned by the opposition.

Before you hire a handwriting expert to challenge a holographic will in Utah, speak to an experienced Spanish Fork Utah probate lawyer.

Hire an experienced Spanish Fork Utah probate lawyer

Utah probate law is complex. When a will goes through probate, anyone who feels that they have been wrongly left out of the will can challenge the will. Challenging the will isn’t easy. If you are challenging a holographic will and you are claiming that its not in the handwriting of the testator, hire the services on an experienced Spanish Fork Utah probate lawyer. Merely claiming that the handwriting is different will not suffice. You have to prove that the handwriting is different. For this, you must provide evidence. The evidence that you are allowed to produce in the probate court is determined by the law of evidence. The law of evidence is complex. It’s certainly not your cup of tea or coffee. Don’t take chances. If you don’t provide evidence in support of your claim that the handwriting on the will differs from the handwriting of the testator, your case will be thrown out. Ignorance of the law is no excuse. An experienced Spanish Fork Utah probate lawyer is your best source of assistance.

If you believe that the handwritten will that someone is claiming to be written by your deceased relative is in fact not written by that relative, contact an experienced Spanish Fork Utah probate lawyer. You must act fast. You must file your opposition to the will during the probate process. Once the will has passed through probate and the executor has distributed the estate according to the will, it will be too late. The best time to challenge the will is during probate.

Spanish Fork Utah Probate Attorney Free Consultation

When you need legal help with a probate, will, or trust in Spanish Fork Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Is There An Inheritance Tax In Utah?

Real Estate Lawyer Grantsville Utah

Lawyer For Domestic Violence

How To Negotiate A Contract

Why Couples Choose Prenuptial Agreements

What Is The Average Cost Of Divorce In Utah?

Source: https://www.ascentlawfirm.com/probate-lawyer-spanish-fork-utah/

[itsfinancethings]

LONDON (AP) — A British judge ruled Wednesday that the Duchess of Sussex can keep the names of five close friends secret while she brings a privacy invasion lawsuit against a British newspaper.

High Court judge Mark Warby said “I have concluded that, for the time being at least, the court should grant the claimant the order that she seeks,” protecting the anonymity of friends who defended Meghan Markle in the pages of a U.S. magazine.

Meghan is suing Associated Newspapers Ltd., the publisher of the Mail on Sunday and the MailOnline website, over five articles that published portions of a handwritten letter she wrote to her estranged father, Thomas Markle, after her marriage to Prince Harry in 2018.

Meghan, 39, is seeking damages for alleged misuse of private information, copyright infringement and data protection breaches.

The duchess asked the judge to prohibit publishing details of female friends who spoke anonymously to People magazine to condemn the alleged bullying she had received from the media. She argued that the friends were not parties to the case and had a “basic right to privacy.”

Associated Newspapers, which is contesting the claim, says it was Meghan’s friends who brought the letter into the public domain by describing it in the People article. One told the magazine that the duchess had written: “Dad, I’m so heartbroken. I love you. I have one father. Please stop victimizing me through the media so we can repair our relationship.”

Read more: Why a Royal Meghan Markle Matters

The publisher’s lawyers argue that the information about the letter disclosed in the article must have come “directly or indirectly” from Meghan.

Associated Newspapers’ attorney Antony White said during a court hearing last week that keeping the friends’ names secret “would be a heavy curtailment of the media’s and the defendant’s entitlement to report this case and the public’s right to know about it.”

But Meghan’s attorney, Justin Rusbrooke, argued that the duchess was unaware her friends were speaking to the magazine. They say the anonymous interviews were arranged by one of the five friends, who was concerned about the toll media criticism was taking on the duchess, pregnant at the time with her first child.

Rushbrooke argued that the court had a duty to “protect the identity of confidential journalistic sources.”

The women’s names are included in a confidential court document, but they have been identified in public only as A to E.

No date has been set for the full trial of the duchess’s invasion of privacy claim.