An inheritance can be an exciting idea for your children, which is why you’ve never taken the time to sit down with them and talk about it. Before you do that, you want to have everything in order, so there is no confusion and can be no complaints.
One of the things you worry about most is that there is the risk that one of your children will contest your will. If any of them aren’t happy with your decisions, you worry that they will take the others to court to try to get more than what you left for them.
If you’re concerned about will contests that could impact the inheritances you leave behind, then it’s time to talk to your attorney.
If you are concerned that one of your heirs will try to get more out of your estate than you left for them, you should talk to your attorney about using a no-contest clause. A no-contest clause is an excellent tool that discourages will contests. Why? If the individual contests the distribution and loses, then they will receive less or nothing at all.
You can think of a no-contest clause as a kind of hard love. The clause essentially states that an individual should only contest the will with solid proof and evidence to uphold their claims. If they can’t make a good argument, then they could lose everything. This prevents angry children, siblings or other family members from going to court, even though they’ve received exactly what you intended.
Our website has more about inheritances and what you should do if you want to prevent heirs from contesting your will.