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By Liza Weiman Hanks
Dear Liza: I am helping my friend make a Will. It’s very simple, with one heir. She wants to make sure her brother, who is her only living relative and from who she has been estranged from since they left home (she’s 75 ) is not able to challenge the Will. She wants to specifically exclude him in the Will. Is there wording for this and is it necessary?
It is very nice of you to help your friend draft her Will. The best way to make sure that her brother can’t challenge the Will is for her to be explicit about excluding him. She can state simply that she is deliberately leaving nothing to her brother, for reasons know to him, or something to that effect.
As her brother (not her spouse or a child), he can’t make an argument that he has a legal claim to her estate simply by reason of their relationship to each other, however, it never hurts to make it QUITE clear that you are excluding someone if that is important to you. In addition, your friend should be careful to properly sign her Will before witnesses as required under her state’s laws. If she has no other legal heirs than her brother, the legal challenge that he might make is simply to invalidate her Will altogether (then inherit as her only legal heir since she would then have died without a Will at all)–so, she should be sure to have the witnesses be able to state that she had the mental capacity to make the Will and that she was under no duress to do so.
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