March 5, 2009

Will and Power of Attorney (“POA”) challenges are becoming more common. Whether it is the result of the much-vaunted and long-heralded wealth transfer between generations, the aging of society, or an American inspired litigious approach to sorting out life’s inevitable disputes, these court challenges will likely only increase in quantity and complexity.

Laying the groundwork for Will and POA challenges is obviously crucial. The proper footing will (1) provide certainty to the process; (2) give confidence to the client that a secured “game plan” is in place; (3) organize the professional life of a busy advocate; and (4) promote a winning outcome.

In this paper, I will look at several factors that may impact on Will or POA challenges such as limitation periods and evidentiary requirements. However, the paper’s primary focus will be on orders for directions and how they can, and should, be used in Will or POA challenges. Sample orders for directions for Will and POA challenges are appended to this paper.

Read the full paper here: The Will to Challenge and the Power to Succeed by Justin de Vries