TV viewers are besieged with so-called legal forms, particularly wills and real estate transactions. One need only fill out the form and one has a valid will or possibly a life (intervivos) trust, the whole purpose being to ensure it is your will and intent that will be initiated at your death.
But what if a survivor who is also a beneficiary of your will suddenly decides he or she does not like the inheritance left him or her in your will or trust or both and files in the probate court to set it aside? Will a testamentary instrument printed on a form with names written in survive such an attack?
Perhaps yes, but most likely no. The most favorable scenario would be for the court to rule against the attack, and deny attorney fees for the would-be interloper. The most likely scenario, however, would be for the court to set a trial date and rule favorably for the interloper's attorney fees, thus minimizing your estate and pressing your legal representatives to recommend settlement. This happens daily.
How can such an unjust outcome be avoided? The best and cheapest way is to prepare the instruments properly in the first instance, which a good law firm will do. In some instances, up to five separate legal documents are required to ensure such transparent injustice will not occur with your good money and estate.
If you need more information or help, just ask!
