Improve Communication With Clients Who Have Limited English Proficiency

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