One of the most important parts of any estate plan is the will. This document will lay out to whom assets should go and why they are being distributed as such. This ensures that a person’s assets will be divided as they see fit after they are deceased. A Tennessee Estate Planning Attorney can help you draft this document, ensuring that it is free of ambiguity or other issues that could lead to a contested will.
Grounds for Contesting a Will from a Tennessee Estate Planning Attorney
There are actually many reasons why a will may be contested in the probate court. One of the most common is lack of testamentary capacity. In other words, the testator was not of sound mind when drafting the will, therefore it should be thrown out. This can happen if an older loved one suffers from dementia or other memory problems that could lead to beneficiaries (or those excluded from the will who would have otherwise benefited from it) contesting the will.
Another common ground for contesting a will is undue influence or fraud. This occurs when one child, for instance, seeks to pressure a parent into leaving this child most or all of an estate. This is known in Tennessee as a “confidential relationship.”
By working with a Tennessee Estate Planning Attorney, you can prevent an accusation of undue influence. Explaining exactly why a testator is leaving certain assets to one beneficiary versus another can show both testamentary capacity and show that no undue influence or fraud has occurred at the execution of the will.
Burkhalter & Associates has helped many clients draft wills that accurately reflect the wishes of the testator. Everyone should have a will and should draft one sooner rather than later. To discuss drafting your will, contact a Tennessee Estate Planning Attorney at Burkhalter & Associates today for a free consultation.