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Preparing a Will for a Client with Communication Challenges

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dc.contributor.author Beyer, Gerry W.
dc.date.accessioned 2012-07-17T16:41:31Z
dc.date.available 2012-07-17T16:41:31Z
dc.date.issued 2012-04
dc.identifier.uri http://hdl.handle.net/10601/1903
dc.description Published in Vol. 58, No.9 of Trusts and Estates, the newsletter of the Illinois State Bar Association's Section on Trusts and Estates en_US
dc.description.abstract Your client may have difficulty with communication, that is, the client may be unable to see, hear, write, or understand English. To effectively prepare a will for these clients, the estate planner must initially ascertain whether the client has a communication challenge and then take affirmative steps to make certain the challenge does not negatively impact the validity of the will. Extra attention must be given to make certain the requirements of a valid will are satisfied and that individuals displeased with the will do not use the communication challenge as a foundation for claims of undue influence or fraud. Even without other evidence, courts may subject the will of a communicationally challenged client to higher scrutiny. This article reviews a variety of communication challenges (visually impaired, hearing or speaking impaired, physically unable to sign, illiterate, non-English speaking) and recommends techniques to reduce the likelihood of these challenges playing a part in setting aside the testator's will.
dc.language.iso en_US en_US
dc.publisher Illinois State Bar Association en_US
dc.subject Estate planning en_US
dc.subject Communication challenges en_US
dc.subject Wills en_US
dc.title Preparing a Will for a Client with Communication Challenges en_US
dc.type Article en_US

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