Everything you need to know about having a will drawn up by a lawyer
Having a will drawn up by a lawyer is the surest way to see that it stands after the testator’s death, when it comes to light. Under the law anyone may draft their own will, but drafting it with a lawyer is preferable, because it minimizes disputes over interpretation. A lawyer-drafted will avoids the ambiguity and sloppy wording that leave room for a legal challenge over what the testator actually intended.
Benefits of using a lawyer to write a will
Following the rules of law and the practice of an experienced wills attorney prevents undue influence and keeps the heirs out of the drafting process. Drafting the will together with a wills attorney reduces the chance of a future legal fight between heirs over competing readings of its wording. In many cases, a lawyer-drafted will is what keeps an inheritance case from reaching court after the testator’s death.
In court
The courts place great trust in wills prepared by a probate attorney. In inheritance disputes, judges often summon the attorney who prepared the will to testify about the testator’s wishes and condition at the time it was written. That testimony carries real weight when the court decides whether to amend a probate order.
When an heir feels wronged
Even a will drafted by a lawyer is no guarantee that no heir will contest it. An heir who feels wronged by the outcome may apply to amend the probate order. The application must be accompanied by an affidavit drafted by a lawyer and verified before one, setting out the legal claims that support it along with the documents that prove them. Where the application to amend a probate order is filed through a representing lawyer, a signed power of attorney must be attached as well.
Drafting a will with Adv. Avital Horef
Avital Horef is a certified lawyer and mediator in financial disputes within the family. The Avital Horef law office specializes in family law and court representation, and is highly experienced in drafting wills and carrying them out. If you need a will drafted by a lawyer, or you believe you have been harmed by a will procured by fraud or without sound basis and want to apply to amend the probate order, the Avital Horef law office is the address for fully asserting your legal rights.
