Re: My Dad Wants Me to Draft His Will, Disinheriting My Sist

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On 4/10/08, Jamie wrote:
> My father has a will dividing his estate equally between
> my sister and me. He's now come to me and asked me to
> draft a will for him, excluding my sister and making me
> his sole beneficiary (he and my sister have never really
> gotten along and have recently had a major falling out).
> Obviously, I'm concerned about how this proposed new will
> would stand up to challenge.
>
> I've suggested he go to another attorney to draw the new
> will, but he'd prefer I do it, and save him the $400.
>
> Any suggestion as to how I could make the newly drafted
> will stand up if it were challenged in court?
>
> My initial thoughts have been to videotape the execution
> of the will, having him speak into the camera and affirm
> that I wanted him to seek outside counsel, have him read
> and ratify the relevant articles, have him sign an
> affidavit stating this was his choice alone, have him
> handwrite a statement...
>
> Any other suggestions would be very appreciated.

I've never heard that drafting a will for a family member
would have the effect of negating the will. Of course, there
might be a problem if there is a competence issue or there is
some indication that you induced your father to sign the will.

I would draft the will as specified and insist that there be
independent witnesses not only to your father's intentions,
but to the signing of the will pursuant to your state's
requirements. Have each witness sign affidavits as to the
intentions set forth in the will and prepare a self
authenticating affidavit. Record the will with the county
register of deeds and make sure that all heirs receive a copy
of the document. You may want to inform your sister during
your father's life so that she has the opportunity to
challenge the decision with your father, not you after his death.