Download this Paper Open PDF in Browser

The Communicationally Challenged Testator

Estate Planning Developments for Texas Professionals, April 2009

4 Pages Posted: 5 Jun 2009  

Gerry W. Beyer

Texas Tech University School of Law

Date Written: April 1, 2009

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.

Keywords: wills, communication, blind, deaf, illiterate, estate planning

JEL Classification: K11

Suggested Citation

Beyer, Gerry W., The Communicationally Challenged Testator (April 1, 2009). Estate Planning Developments for Texas Professionals, April 2009. Available at SSRN: https://ssrn.com/abstract=1415143

Gerry W. Beyer (Contact Author)

Texas Tech University School of Law ( email )

1802 Hartford
Lubbock, TX 79409
United States
806-834-4270 (Phone)
978-285-7941 (Fax)

HOME PAGE: http://www.ProfessorBeyer.com

Paper statistics

Downloads
308
Rank
81,837
Abstract Views
1,523