Ways To Prevent Your Will From Being Challenged

12 October 2021 by Jonathan Phillips

When it comes to estate planning, inheritance, and asset distribution, most people figure that their will is the final say and there won't be any issues with it after their death. However, this isn't necessarily true. In fact, as much as 3 percent of wills are contested every year, so it's important that you do what you can to minimize the risk of this occurrence. Here are a few things that you should know about steps you can take during estate planning to reduce the risk of having your will contested.

Address Anyone You're Leaving Out

One of the most common reasons for contesting a will is when someone feels as though they were accidentally left out or they believe that they are entitled to something.

The good news is that you can often address this concern within your will quite easily by specifically addressing anyone that you're leaving out of the document. Have a paragraph in your will that mentions those individuals that you think may have an expectation, including any children, siblings, or close relatives that you think could contest the will if you're not leaving them anything. Make sure that you clearly state that those individuals were excluded from the will, and provide an explanation for why if you're comfortable doing so.

You can also address these individuals personally if you're comfortable doing that. However, make sure that you still have the information in writing in your will so that they can't claim that the conversation never happened.

Opt For Joint Ownership With Survivor's Rights

When it comes to the things you own of higher value, such as investment funds, bank accounts, properties, vehicles, and the like, you can eliminate them from your will entirely if you opt for joint ownership with survivor's rights instead.

Decide who you wish to have each asset after your death, then add that individual to the deed or account. Make sure that you opt for survivor's rights so that the asset transfers legally into their possession upon your death. This eliminates the need for addressing these assets in your will, which protects them from any potential challenge.

Ask About A No-Contest Clause

In some states, a no-contest clause can be added to your will to prevent challenges after your death. A no-contest clause states that anyone contesting your will will automatically be disqualified and legally ineligible for anything from your estate. These clauses are only permissible in certain states, so you'll want to talk with your estate planning lawyer about your state's regulations to see if you can include this in your will.

Don't let conflict ruin the grieving period after your death. Talk with your estate planning attorney about these and other measures for preventing a challenge to your will. To learn more, check out this website https://www.linskylaw.com or similar sites.

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