An experienced estate planning attorney can help in avoiding a contested will.
Without an estate plan, people have no authority over asset distribution.
Even with an estate plan in place, common mistakes can lead to wishes being contested.
As a result, the fate of your family and property could be threatened.
An experienced estate planning attorney can help you preemptively address possible challenges and threats to the administration of your comprehensive estate plan.
Misunderstandings and hurt feelings can trigger a contested will.
Open communication with beneficiaries.
Without clear communication, misunderstandings are common.
After creating your estate plan, it is best practice to sit down with your loved ones and review your wishes and the reasons for them in order to prevent estate battles and hurt feelings.
Include a no-contest clause.
A no-contest clause can preempt a will contest.
How does it do so?
The clause indicates that those who trigger an estate battle risk losing any inheritance.
Verify mental competency and credible witnesses.
For an estate plan to be valid, the creator of the documents must have the mental capacity to execute the plan.
Part of establishing mental soundness is to have the last will and testament signed in the presence of two independent witnesses.
Work with an experienced estate planner.
Hiring an experienced estate planning attorney can prevent a contested will by avoiding technical challenges.
Document your decision-making process.
Outlining the reasoning for your choices can help verify your intentions.
Keep the will updated.
Changes to life circumstances should be addressed in your plan through a review and update.
Misunderstandings trigger many disagreements.
To ensure clear communication, you should talk with your loved ones in person and allow them to ask any clarifying questions.
Doing so allows you to provide the reasons for your choices to prevent a contested will.
A no-contest clause is also known as an “in terrorem” clause.
These are included in estate plans to deter estate battles.
No-contest clauses state that beneficiaries who contest the last will and testament will forfeit the inheritance provided.
Although some people may still choose to contest the last will, many will be deterred due to wanting to protect their portion of the inheritance.
Because mental competency is a requirement for a valid estate plan, challenging mental status is one way disgruntled heirs can seek to change your last will.
To avoid a contested will, you could benefit from getting a mental evaluation by a healthcare provider to document your competency at the time you draft your estate plan.
You should also have two credible, independent witnesses to the signing of your estate plan in order to both validate the plan and attest to your clear cognitive status.
These actions can safeguard your estate plan from a disgruntled family.
An experienced estate planning attorney provides sound legal advice and documentation to address the laws of your state and your wishes.
They can reduce ambiguities and safeguard against possible challenges.
As a result, you can have peace of mind knowing your estate plan will have a better chance at withstanding will contests.
Most people have reasons for the estate planning decisions they make.
You should document your purposes for asset distribution instructions and include notes from planning meetings or family discussions.
Ultimately, such documentation provides transparency and a record of your thoughts and associated actions.
Because life circumstances are not stagnate, you should regularly review and update your estate planning documents.
This is especially important after marriages, divorces, births, or significant asset changes.
Keeping your estate plan updated can prevent challenges claiming unintentional or outdated distributions.
A contested will can quickly tear apart family bonds and damage your legacy.
Taking action can help you prevent such an undesirable outcome.
If you do not have an estate plan or require a review, request a consultation with our Harvest Law KC Overland Park estate planning law firm.
Clear communication is key to preventing misunderstanding and legal actions based on these misinterpretations.
For those who believe their loved ones will be contentious, a no-contest clause can discourage a will contest by connecting such action to losing an inheritance.
Confirming mental competency and the validity of the last will and testament through the attestation of two independent witnesses and a medical exam can bolster your case against a will contest.
Working with an experienced estate planning attorney provides assurance your estate plan meets strict legal standards.
Documenting each decision related to estate planning and reviewing and updating your plan accordingly can provide transparency.
Taking all these steps can significantly reduce the chances of an estate battle derailing your wishes.
This post is for informational purposes only and does not provide legal advice. You should contact an attorney for advice concerning any particular issue or problem. Nothing herein creates an attorney-client relationship between Harvest Law KC and the reader.
Reference: Forbes (June 7, 2024) “Contesting a Will: Who Can Do it and How Does it Work?”
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