One of the most common allegations in estate litigation is that the testator lacked the mental capacity to sign his will.

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Of course, you will have to talk it over with the testator before contacting the beneficiaries and explaining what their share entails.

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Drafting attorneys can check for competency by sending the testator to a doctor or by asking the testator a series of questions.

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To remove the possibility of allegations of undue influence, the testator should draft the will independently and without family input, especially if the testator is under the care of another family member.

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The main benefit of working from a list is that you can track gifts that are given prior to the death of the testator, as many people begin dispersing personal items as they age and, especially in the case of high net worth people, give financial gifts prior to their death.

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