What are Eds likely challenges in contesting the will and what facts support or refute these challenges?
Ed’s challenge to Dennis’ will is likely to be unsuccessful. While there are clearly benefits in retaining a lawyer to assist in the distribution of assets upon the death of the testator, there are no requirements that a will be drafted by a lawyer. Nor, is it required that all offspring share equally, or at all, in the distribution of the estate. What is required is that the will be properly signed by the decedent in the presence of three witnesses who also all sign as witnesses before each other. Notarization of the will is not required. The fact that this will was entirely in Dennis’ own handwriting is not relevant to the issue of the validity of the will. Therefore, it appears that the necessary mechanics of the will were properly followed to uphold the Dennis’ will in court. The fact that the will is in Dennis’ handwriting will be relevant to the issue of any claim of undue influence by Nancy to the benefit of Adam. While Adam does have a greater share in the estate than any of th
