Recently, a growing number of my estate planning clients have told me they are worried about challenges to their estate planning documents.
Is there reason to expect a challenge?
Admittedly, I’d expect this type of concern from a 75-year-old male client leaving the majority of his estate to his 30-year-old girlfriend that he met at the bingo hall two weeks ago. (Although it certainly could be a case of “true love” driving his decision. But I’d likely hesitate before agreeing to draft documents in such a situation.)
But that is not the type of client who has been expressing reservations about a challenge.
On the contrary, clients who are most concerned are those that do not exclude any and evenly split their estate among, their children.
Challenging the validity of estate plans is not easy
In response to such inquiries, I typically tell my clients that it is quite difficult to challenge the validity of estate planning documents such as wills and trusts. The most common types of will and trust validity challenges are undue influence and lack of testamentary capacity. Typically, these challenges require rigorous evidentiary showing in order to succeed.
If you have questions about the validity of your documents or have concerns that one or more of your children may cause problems after you pass away, contact Luhrsen Goldberg to take advantage of our complimentary estate planning consultations.