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How to prevent will contests

On Behalf of | Jan 10, 2023 | Estate Planning

Creating a will is a popular form of estate planning. However, it has its vulnerabilities, particularly being prone to will contests. A will contest involves a trial where heirs, power of attorneys and/or executors dispute the validity of a will. 

It’s important to guard your will against will contests now since you won’t be able to upon your passing. Read on to learn how to protect your will from being contested.

Limit your estate plan to one will

Some testators create multiple wills because they lived in different states or countries or want to update it to reflect life changes. But the problem with having more than one will is that they can confuse your heirs plus make the probate process more difficult than it already is. You can prevent this by destroying previous wills and keeping the most recent one.

Do what it takes to avoid undue influence

Unfortunately, there are people — especially family members — who use unscrupulous tactics to force testators into drafting a will that goes against their wishes. If you suspect someone’s trying to coerce you into establishing an invalid will, reach out to trusted relatives, friends or other reliable sources.

Add a no-contest clause to your will

A no-contest clause bars an heir from inheriting an estate or money if they attempt to dispute your will. To elaborate, let’s say you have a nephew who is inheriting $100,000. If he tries to pursue litigation against the will for some reason but loses the case, he will have to forfeit his large sum.

There’s enough work that goes into estate planning without needing to worry about someone contesting your will. If you have any questions or need more information regarding will contests, consider reaching out to legal guidance to assist you.