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What is a Certificate of Independent Review?

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Home  >  Blog  >  What is a Certificate of Independent Review?

July 28, 2023 | By Trust Law Partners
What is a Certificate of Independent Review?

A "certificate of independent review" (aka. CIR) is a document that is sometimes recommended in the context of estate planning and the execution of a will. (Note: the term "certificate of independent review" may not be a universally recognized legal term, and its specific meaning can vary depending on the jurisdiction or the specific circumstances.)

In general, a CIR refers to a document that confirms that a testator (the person making the will) has received independent legal advice regarding the contents and implications of their will. This document is typically prepared and signed by the lawyer who provided the advice.

The purpose of a certificate of independent review is to demonstrate that the testator had a clear understanding of their will, its legal implications, and the consequences of their decisions. By obtaining independent legal advice, the testator is more likely to have considered all relevant factors and made informed decisions regarding their estate.

While a CIR may not be a legal requirement in all jurisdictions, it can serve as evidence of the testator's testamentary capacity and their intentions. It may also help to prevent potential challenges to the validity of the will on grounds such as undue influence or lack of understanding.

It's important to consult with an attorney who is familiar with the laws of your specific jurisdiction to understand the local requirements and recommendations regarding wills and the use of certificates of independent review.

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