Age Gracefully With A Plan In Place

What can you do to prevent a will contest after you are gone?

On Behalf of | Jun 7, 2024 | Estate Planning |

When creating your will, you want to minimize the risk of a will contest or challenge to your final wishes. Will contests often result in prolonged legal battles that strain family relationships and drain estate resources?

Fortunately, you can take proactive steps now to protect your legacy and help ensure a smooth execution of your will. Here are some helpful tips.

Communicate with your loved ones

Openly discussing your estate plans with your family can make your intentions clear and prevent surprises or misunderstandings when the time comes. It can also help iron out any concerns by your loved ones, reducing the likelihood of disputes.

Include a no-contest clause

A no-contest clause acts as a deterrent to prevent will disputes. It works by disinheriting anyone who contests the will and loses. While it doesn’t guarantee total immunity, including a no-contest clause in your will can help prevent a contest on baseless grounds by a disgruntled beneficiary.

Regularly update your will

It also helps to ensure your will is current and in line with the changes in your life.  Significant life changes, such as a marriage or divorce, should prompt a review and revision of your current will. You don’t want to leave out assets or heirs, which can lead to disputes.

Get a medical evaluation

Consider obtaining a medical evaluation when drafting your will if you anticipate a challenge based on your mental capacity. It could be due to old age or a medical condition. The doctor’s report on your mental capacity can serve as evidence that you were of sound mind and capable of making your own decisions.

A will is a legal document that must fulfill specific requirements to be valid and enforceable. Reaching out for informed guidance can help you do everything right, address potential issues and protect your final wishes.