Can a person leave their wealth to anyone they choose in their will?
December 30, 2019
Stephanie Marentette
Legal Moment
Legal Moment on FRESH RADIO
Transcript
| [phone ringing] | |
| Receptionist: | Cohen Highley |
| Announcer: | And now the Cohen Highley Legal Moment on Fresh Radio. |
| Announcer: | I’m here with Stephanie Marentette DiBattista from Cohen Highley Lawyers. Is a person free to leave their wealth to whomever they choose in a Will? |
| Stephanie Marentette Di Battista: | Absolutely. How you allocate your wealth after you die is completely up to you, but of course, any Will can be challenged. |
| Announcer: | Are Will challenges successful? |
| Stephanie Marentette Di Battista: | Some Will challenges are more successful than others. There is one common challenge that is often successful: if the challenger can prove his or her claim. |
| Announcer: | And that is? |
| Stephanie Marentette Di Battista: | When dependants have not been adequately provided for under a Will. Say you have an ongoing spousal support obligation. If you have not adequately addressed that support obligation, your ex-spouse would be able to make a Dependant Claim against your estate for that support. With child support obligations, you likewise need to make adequate provision in your Will or a similar claim could be made. This can also include situations where adult children are dependant on your support for things such as college tuition. |
| Announcer: | Thanks Stephanie. This has been the Cohen Highley Legal Moment. Cohenhighley.com |
| [Music] | |
| Singers: | Cohen Highley, we’re listening. |
