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"I can't believe he put THEM in charge of that!"

Posted by Edward C. Ip | Nov 13, 2013 | 0 Comments

What if you've been looking after the assets or affairs of a living person, but find that they've decided to will those responsibilities to someone else if they become legally incapacitated or incompetent? As the most qualified person, do you have any recourse?

The truth is, the law greatly favors the original authority of the will. The subjective appropriateness of individuals to receive the assets of, or take executive responsibility for, a person in such a situation, is not a consideration that carries weight. Only if the will was created based on some material deception or under duress is there a realistic chance for challenge, and even then this can be difficult to prove.

If you have a disagreement with a parent or loved one regarding your place in their will, your best bet is to try to work things out on a personal level. The headache of a legal challenge in the midst of their death or illness only adds to what is likely to be a traumatic time, and is likely to be of limited value.

About the Author

Edward C. Ip

Edward Chi Ip holds an extensive amount of experience dealing with civil litigation in the fields of real estate and construction law. As the head of the firm, Mr. Ip leads a team of experienced attorneys in strategizing winning game plans when it comes down to ensuring the satisfaction of every ...


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