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Improve Communication With Clients Who Have Limited English Proficiency

Failure to understand a will’s contents could lead to contests.

There’s a long-standing, generally held presumption that a testator executing a will knows its contents.1 That venerable presumption is rebuttable.2 Unclarity arises in determining the required standard of proof to overcome the presumption and whether that burden should always fall on the will opponent.3 Some jurisdictions discuss preponderance of the evidence, others “clear” or “satisfactory” evidence. All of these issues are exacerbated when the instrument

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