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Reasons an Estate Plan Could Be Challenged: Part 4 – Lack of Testamentary Capacity

Kendall Maddox · Dec 10, 2019 ·

Estate Planning is essential for many reasons, which are set forth in prior articles. Links to these articles are set forth at the end of this article. This series focuses on how an Estate Plan could be challenged. This series shows the importance of doing Estate Planning in the right way. The first article in this series focused on formalities. The second article in the series examined undue influence. The third article in the series looked at fraud. This article will focus on testamentary capacity.

Let’s say your father signed a Will. He avoided all the pitfalls of the prior article. Your father went to an experienced estate planning attorney who made sure the execution of the Will met with your state’s requirements. There was no undue influence which was discussed in the second article in the series. The signature was not fraudulent, as discussed in the third article in the series. However, your father still had to have “testamentary capacity” when he signed the Will.

Read more: https://www.aaepa.com/2019/12/reasons-an-estate-plan-could-be-challenged-part-4-lack-of-testamentary-capacity/.

 

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Kendall Maddox
Kendall Maddox
Mr. Kendall Maddox’s law practice is focused in the area of estate planning law and other estate and financial planning related areas. He is the founder of the law firm Kendall Maddox & Associates, Attorneys and Financial Planners. Mr. Maddox is a member of the American, Alabama and Birmingham Bar Associations and the Sections of Real Property, Probate and Trust Law and Taxation Law of the American and Alabama Bar Associations Read More!
Kendall Maddox
Latest posts by Kendall Maddox (see all)
  • Reasons an Estate Plan Could Be Challenged: Part 4 – Lack of Testamentary Capacity - December 10, 2019
  • Reasons an Estate Plan Could Be Challenged: Part 3 – Fraud - December 3, 2019
  • Reasons an Estate Plan Could Be Challenged: Part 2 – Undue Influence - November 26, 2019

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