Estate Planning

James Brown's Legacy

By Hull & Hull LLP

It was recently reported that five of James Brown's children have commenced legal proceedings to challenge the validity of the legendary singer's Will on the basis that his former advisers unduly influenced him to create charitable trusts from which the advisers would profit.

The children were largely excluded from the Will and the vast majority of the money was left in trusts to educate Brown's grandchildren and to assist needy children. This ensuing Will challenge proceeding affords estate practitioners the opportunity to review their own practices when drafting Wills.

Although it is virtually impossible to eliminate the prospect of a Will challenge, there are steps that can be taken that may enable the estate practitioner to propound the Will. For example, in instances where no provisions have been made for close relatives as beneficiaries, further inquiry may be necessary, together with clear and comprehensive solicitor's notes.

When drafting Wills, estate practitioners may also wish to ascertain whether the Will the client wants drawn up differs substantially from previous testamentary instruments and if so, why? Only through careful inquiry may a prudent solicitor glean her client's true testamentary intentions.

While these suggestions by no means form an exhaustive list of all necessary steps to be taken prior to the drafting of the Will, the foregoing does provide helpful pointers that could mean the difference between the Will being successfully propounded or overturned.

Thanks and have a great day,

Allan Socken

Full post as published by Toronto Estate Law Blog on January 07, 2008 (boomark / email).