A will contest can lead to lengthy court battles and emotional distress for your loved ones. Beyond the potential rifts in family relationships caused by disputes over your estate, a challenge to your will can delay the distribution of assets and result in significant legal costs.
Fortunately, you can minimize the chances of a will contest and ensure your wishes are honored by taking these measures.
Ensure legal compliance
Make sure your will complies with all legal requirements to make it less susceptible to challenges. This includes having the document signed and witnessed according to the law. Obtain a medical evaluation to establish testamentary capacity, if necessary, and avoid ambiguous language that could lead to disputes about your intentions.
Communicate clearly
Discussing your estate plans with loved ones and addressing any concerns or grievances they might have beforehand can significantly reduce misunderstandings and potential disputes.
Include a no-contest clause
A no-contest clause can deter beneficiaries from contesting the will due to the risk of losing their inheritance if they challenge the will and lose. That said, certain legal exceptions may limit the effectiveness of such clauses, and it’s not a guaranteed way of preventing a will contest.
Ensure your will is current
An outdated will can increase the risk of a contest for various reasons. You might leave out some beneficiaries who might challenge the will. Additionally, changes in legal requirements could render the document invalid. Regularly updating your will to ensure it is current can help avoid such outcomes.
Do not go it alone
Handling your estate plan on your own can be risky due to the legal complexities and high stakes involved. As such, consider reaching out for legal guidance to create a comprehensive will that is less prone to disputes and can withstand legal scrutiny.