Prevent A Successful Challenge To Your Will After You Die

When you make a will you're telling the state how you wish your assets to be distributed. But after you die, someone may still contest your will. So, it's important that you construct your will so it can sustain a challenge to it. Here's how you can accomplish that.



Often, people leave their children equal shares of their estate. But occasionally, you may want to substantially favor one child over the others. When you die, the less-favored children may contest your will. They can contest it based on:



1. your 'lack of mental capacity' when you made and then signed (executed) your will, or



2. that you executed your will under 'undue influence' of someone.



*Mental capacity



The mental capacity to make a will requires that a person be at least 18 and of 'sound mind.' Having a 'sound mind' while making your will means you're "capable of understanding the general nature of the business in which you're engaged and the particular distribution you're effecting". I.e. you recognize the property you're disposing of and to whom you're bequeathing it.



With such a standard as given above, even a person who easily forgets or who is sufficiently impaired so as to justify the appointment of a guardian may still have the capacity to make a valid will. It's difficult to challenge a will under this standard.



But, with diminished capacity somewhat established, a claim for 'undue influence' may more effectively be made. So let's address that...



*Undue influence



Undue influence comes into effect when the testator (i.e. you) has been subjected to 'mental, moral or physical' exertion which destroys his 'free agency' so that he can't 'follow the dictates of his own mind and will - and accepts, instead, the domination and influence of another.'



Undue influence often occurs when you (the testator) lives with or depends upon one your children - or other person - and ends up favoring that person in his will. That person will be presumed to have put undue influence on you but only if he additionally



- arranges for the drafting or execution of your will, or



- accompanies you to the lawyer's office,



- is present at discussions with the lawyer concerning the will, and



- conceals the fact that the will had been executed, or



- denies family members access to the you.



Wise steps to preserving your will's intent If it's truly your intention to achieve the wishes you put into your will and those intentions may eventually lead to someone contesting it, then:



1. Don't use that person you intend to favor in your will as a witness to your will.



2. Include with your will a letter from your attorney or estate planner - or from you yourself - explaining the reason for especially favoring a person in your will





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Shane Flait helps you with your financial legal, tax, and retirement goals.

Get his FREE report on Managing Your Retirement =>

http://www.easyretirementknowhow.com/FreeReportandSignUp.htm

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http://www.easyretirementknowhow.com/WiseWayGate.htm





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