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Elder Law • Medicaid Planning • VA Benefits

How to Avoid Having Your Will Contested After You Pass

Dec 1, 2021

It is never easy to confront your death. Even the strongest individuals find it difficult to imagine not being there for their loved ones whenever they need you. Nevertheless, if you have possessions and wishes for those possessions, it’s a good idea to create a will detailing your last wishes and preferences.

There isn’t any certainty that people closest to you will carry out your wishes and preferences. There’s also a chance that your loved ones would object to some of your requests. However, by performing the following, you can be able to lessen the likelihood of this occurring.

Discuss the Will with Your Family

One of the most straightforward strategies to avoid a will dispute by your loved ones is to speak to them about the terms of your will before your death. You can avoid unpleasant shocks or upset feelings later on if you are open about who will receive what. This is especially critical if your will is distinctive in any way. For instance, if one member of the family is left out of the will or if a particular heir inherits something of great worth or importance, it is vital to explain your selection and allow them time to understand it before your death.

Include a No-Contest Clause

In order to eliminate dispute demands from beneficiaries, you might include a no-contest provision in your will. A will’s no-dispute clause stipulates that if a beneficiary challenges the provisions of your will and loses, the beneficiary forfeits the entitlement to the inheritance. This sort of clause requires a possible claimant to thoroughly consider the veracity of their claims before contesting the will because if the beneficiary loses the lawsuit, they lose everything.

On the other hand, a no-contest provision is only effective if individuals who may dispute the will are really inheriting something. It does not function if that individual is completely excluded.

Execute the Will Correctly

Another approach to avoid your will being challenged by loved ones is to ensure that the will is correctly executed. This entails putting your wishes in writing and then having them signed and attested by at least two unrelated persons. Consider videotaping the writing of the will to avoid allegations of misconduct in the execution of the will. The videotape can serve as documentation that your will was correctly executed, and a duplicate of the recording should be sent to your probate lawyer for safekeeping.

It is never comfortable to plan for a time when you would no longer be living. However, you want to prepare a will so that what you own can be quickly and correctly taken care of after you pass, both to avoid family and legal drama and to see your preferences properly carried out. This can also be a comfort for the loved ones left behind, as they don’t have to worry about what to do with your assets. Begin with these recommendations to help protect your will from being challenged.

Kara Masterson is a freelance writer from Utah. She graduated from the University of Utah and enjoys writing and spending time with her dog Max.

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Since starting his practice of law in 1971 Mr. Kraft has helped many thousands of people address their concerns and achieve their goals. He is committed to giving seniors and the people who love them information to cope with living and aging.

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