Avoiding a Will Consent - The Impossible Dream
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Collins, Dennis W.
INTRODUCTION|Let's talk of graves, of worms, and epitaphs; Make dust our paper, and with rainy eyes; Write sorrow on the bosom of the earth; Let's choose executors and talk of wills.|It has been said, and I think accurately, that a will is more apt to be the subject of litigation than any other legal instrument .... Usually, it is the most important document executed in a person's lifetime. This immediately suggests that a will representing the true wishes of a testator of sound mind should be so prepared and executed as to be invulnerable, if possible, to an improper attack. |The estate planning lawyer faces many difficult tasks when attempting to draw a will. Usually, the client has a very definite plan in mind, and you are supposed to get it right on paper. Some of these plans may involve many complex goals, often to allow the client to control everybody from the grave.|In addition, the lawyer is watching to be sure the technical requirements for the execution of wills are met. There may be minor children or handicapped devisees. And, of course, there is always the worry that Uncle Sam is going to take more than his fair share which most clients would agree is nothing:|Collecting more taxes than is absolutely necessary is legalized robbery.** |Now add another worry-a possible will contest. While more and more people are apparently avoiding the use of a will to transfer their property at death, including the advent of revocable "living" trusts...
34 Creighton L. Rev. 7 (2000-2001)
Creighton University School of Law