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Published byDarryl Ritson Modified over 10 years ago
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1. Exclusion of natural objects of bounty
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2. Unequal treatment of children
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1. Exclusion of natural objects of bounty 2. Unequal treatment of children 3. Sudden or significant change in disposition plan
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1. Exclusion of natural objects of bounty 2. Unequal treatment of children 3. Sudden or significant change in disposition plan 4. Excessive restrictions on gifts to beneficiaries who are also heirs
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1. Exclusion of natural objects of bounty 2. Unequal treatment of children 3. Sudden or significant change in disposition plan 4. Excessive restrictions on gifts to beneficiaries who are also heirs 5. Elderly or disabled testator
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1. Exclusion of natural objects of bounty 2. Unequal treatment of children 3. Sudden or significant change in disposition plan 4. Excessive restrictions on gifts to beneficiaries who are also heirs 5. Elderly or disabled testator 6. Testator who behaves strangely
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1. Include in terrorem (no contest) (forfeiture) provision Beneficiary who contests and loses forfeits testamentary gift.
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1. Include in terrorem (no contest) (forfeiture) provision If death after 6/19/09, good faith/probable cause contests will not trigger forfeiture. § 64.
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1. Include in terrorem (no contest) (forfeiture) provision Strictly construed.
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1. Include in terrorem (no contest) (forfeiture) provision Drafting guidelines: Create substantial risk
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1. Include in terrorem (no contest) (forfeiture) provision Drafting guidelines: Create substantial risk Describe triggering conduct
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1. Include in terrorem (no contest) (forfeiture) provision Drafting guidelines: Create substantial risk Describe triggering conduct Indicate beneficiary of forfeited property
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2. Do not explain reasons for property disposition.
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3. Avoid bitter or hateful language.
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4. Use holographic back up will.
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5. Enhance will execution ceremony.
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6. Video-record will execution ceremony.
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7. Select witnesses thoughtfully.
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8. Obtain affidavits of individuals familiar with testator.
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9. Document transactions with testator verifying intent.
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10. Obtain other evidence to document testators actions.
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11. Preserve prior will if better than intestacy.
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12. Reexecute same will on regular basis.
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13. Consider a more traditional disposition.
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14. Trick disinherited potential heir with inter vivos gift.
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15. Use non-probate techniques.
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16. Convince disinherited potential heir to agree not to contest (contract).
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