3 Strategies for Preventing a Will Contest

 Posted on July 14, 2023 in Estate Planning and Probate

Losing a loved one can cause people to act in ways they normally would not. Grief over the death of a family member can drive people to take actions like filing a will contest. Even if you have no reason to suspect that your survivors would challenge your will, it is wise to take steps to reduce the likelihood that your will could be contested. Your surviving family members who are not named as beneficiaries in your will could potentially put the people you want to receive your estate property through a prolonged legal battle if your will is contested. Fortunately, an attorney can help you to organize your estate plan in a way that reduces the risk of a will contest in the future. It is best to work with an attorney who can offer you comprehensive estate planning services. There is much more to making a strong estate plan than executing a will. 

Ways to Reduce the Risk of a Will Contest 

Will contests can be destructive to a family. It is best to prevent one if at all possible. Strategies you may want to consider for reducing the risk of a will contest include: 

• Use a trust - If most or all of your estate property is contained in a trust, it will be much harder for non-beneficiaries to initiate a challenge. Those not named in the trust generally do not have access to the trust document, where a will must be made available to the public. 

• Prove your capacity - One of the main reasons wills are challenged is that there is a debate over whether the testator had the mental capacity required to execute this legal document. If you are of an advanced age, it may be wise to gather proof of your competency. Being evaluated by a doctor and documenting the results in order to show that you have the requisite mental capacity can stop a capacity-based challenge being brought. 

• Use a no-contest clause - You can include a clause stating that anyone who challenges your will forfeits any inheritance they would have received from your estate. This works best if you leave something for the individuals you worry may file a contest, so they are more likely to accept what you gave them and let the terms of your will be carried out without contest. 

While there is no surefire way to prevent a will contest, using these strategies can drastically reduce the odds that your intended beneficiaries will have to go through one. 

Contact a Bexar County Estate Planning Lawyer 

Geoff Mayfield, Attorney at Law is experienced in building strong comprehensive estate plans that include multiple documents and contest-prevention strategies. As a practiced Bexar County estate planning lawyer, Attorney Mayfield has the skills needed to build the estate plan that is right for you. To get started with a free consultation, please contact his office at 210-535-0870. 

Source:

https://www.forbes.com/sites/markeghrari/2017/10/30/how-to-reduce-the-possibility-of-your-estate-plan-getting-challenged/?sh=5b333f43460e