Blum Bennett MDBlum Bennett MD
Still More Suspicious Circumstances - Active Procurement

The following indicia are used by some Courts in Will contests to determine "active procurement" by a beneficiary.  These come from Florida law and the case "Estate of Carpenter," but other States often use similar criteria:
 

1. Isolating the testator and disparaging family members

 

2. Mental inequality between the decedent and the beneficiary

 

3. The reasonableness of the will or trust provisions

 

4. Presence of the beneficiary at the execution of the will

 

5. Presence of the beneficiary on those occasions when the testator expressed a desire to make a will

 

6. Recommendation by the beneficiary of an attorney to draw the will

 

7. Knowledge of the contents of the will by the beneficiary prior to execution 

 

8. Giving of instructions on preparation of the will by the beneficiary to the attorney drawing the will

 

9. Securing of witnesses to the will by the beneficiary 

 

10. Safekeeping of the will by the beneficiary subsequent to execution

 

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Bennett Blum, MD
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