Last Will and Testament Contests

My dad wrote a last will and testament ages

The Testator Must Be of Sound Mind

ago, he has cancer he is in stage 4 with prostate cancer. Originally his home was to be left to all 4 of his kids. That is what is in his last will and testament. He wants to now leave his home to me and my sister. And a piece of land across town to my 2 brothers. What needs to be done? We live in wv but hoping for some general advice. Does his lawyer just add this or is the will redone? Also, since he is older (87) and with cancer, can my brothers try to contest the will? Like saying he is old or not in his right mind (which he is). Thank you!

Answer: I am sorry to hear of your fathers illness.

You have identified several points a change in your fathers testamentary intentions, and a potential challenge from your brothers. As a matter of course, my advice would be to write a new will.

The potential seriousness of the case means the only sound advice would be for you to see a local lawyer who would be able to determine that your father is of sound mind. Most important of all is that you feel your brothers might contest the last will and testamentthat you speak to the lawyer about this it is better, if possible to resolve this matter during your fathers life in my experience these things are always much more messy and nasty after the death.

Part of the lawyers job is to ensure that there is no doubt about the testator being of sound mind.  I, as a matter of course include notes and commentaries with each will- these would document absolutely everything pertinent to the will in this would include reasons for changing the will.

It is a pity I am unable to offer further assistance.

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