Interview

There are many reasons why you should have a will in place. As noted in prior posts, estate planning is not only for the wealthy. A properly drafted, enforceable will is important for anyone who wants a say in how their assets are distributed or how they would like to provide for their children in the future.

  1. Cornerstone. A will speaks only at death and is the cornerstone of most estate plans.
  2. Probate. A will must go through state probate court, and individuals have an opportunity to contest it, so it is a good idea to consult with an attorney to ensure your will is drafted properly and to increase the likelihood it will be enforced.
  3. Spousal share. It is generally not possible to disinherit a spouse. Most states, including Connecticut, have laws that entitle a spouse to a spousal share. In Connecticut, the statutory share is a life estate of one third of the value of all of the property passing under the deceased spouse’s will.
  4. Will challenges. It is very difficult to challenge and overcome a properly drafted and executed will. If a party chooses to challenge the validity of a will, they will generally have to attack the validity of the will itself, on one of two grounds, either the testator (a) lacked the mental capacity necessary for creating a valid will, and/or (2) created the will under duress or other undue influence.

It is advisable to consult with an attorney to create a properly drafted will that will increase the likelihood of its enforceability.

For assistance with any legal matters related to your business or estate planning, contact Fournier Legal Services at jfournier@jeflegal.com or 860.670.3535 now for a free consultation and planning session.