Tuesday, April 3, 2018
Wills drafted attorneys who do so rarely can lead to unanticipated headaches in probate and during the administration of an estate. Those attorneys who maintain an all-purpose “standard” will form may be unaware of certain perils, which tend to be uncovered only after their client has passed. The most common problems are as follows: 1) use of ambiguous and imprecise language, 2) not considering the practical implications of using certain language, 3) scrivener’s errors caused by copying and pasting, 4) failing to grasp the substantive law, and 5) improper execution of the will ceremony.
See Hon. Steve M. King, Hot Spots: Will Drafting Tips from the Bench, Texas Bar Journal: Planning and Probate Law, Vol. 81, No. 3, March 2018.