As an estate planning attorney, I’ve seen my fair share of botched wills and incompetent testators. But the case of Mrs. H. takes the cake.
Mrs. H. was a well-to-do woman in her early 80s who had always been rather absent-minded. Despite her wealth and family’s urging, she had never gotten around to writing a will.
Finally, in her declining years, Mrs. H. decided it was time to get her affairs in order. She enlisted the help of a paralegal, who promised to draft a will that would fairly distribute her assets among her children.
But unfortunately, it seems the paralegal was more interested in a quick payout than in doing a thorough job. The will that was produced was riddled with errors and inconsistencies.
For starters, the will failed to adequately provide for Mrs. H.’s disabled son, who was left with only a small fraction of her estate. Additionally, the will contained numerous gifts to charitable organizations that Mrs. H. had never expressed any interest in supporting.
To make matters worse, the will was signed in a rushed and haphazard manner, with no witnesses present. It’s clear that Mrs. H. was not of sound mind when the will was executed.
As a result, Mrs. H.’s children have challenged the will in court, alleging that their mother was incompetent at the time it was written. They are fighting to have the will overturned and to have a more accurate reflection of their mother’s wishes put in place.
It’s a sad and unfortunate situation, and one that could have been easily avoided with proper planning and legal guidance. It’s a reminder to us all to take the time to carefully consider our end-of-life plans, and to seek out reputable and competent legal representation to ensure that our wishes are carried out.
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Estate Planning & Elder Law Attorney
