Drafting Estate Planning Documents for Non-English Speaking Clients - Makofsky & Associates, P.C.

Drafting Estate Planning Documents for Non-English Speaking Clients

Lisa R. Valente    Nassau Lawyer, Vol. 69 No. 7    “Drafting Estate Planning Documents for Non-English Speaking Clients”    March 2020

One communication barrier that some clients face is they speak very little or no English. A language barrier issue should not bar a competent client from making his or her own wishes known just like any other client. It is important for the attorney drafting estate planning documents for a client who does not speak English to take certain steps, as discussed herein, to not only ensure proper drafting and execution of the documents but to also minimize the risk of the documents being challenged on grounds such as lack of testamentary capacity or undue influence or fraud, which could be based on a language barrier argument.

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