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5 Strategies to Avoid a Will Contest

Admin • Apr 07, 2022
After you die, the last thing you would want is for your loved ones to quarrel over your estate. Only your children, spouse, or anyone named in your will have the right to oppose your will. As a result, take the measures below to guarantee that your will is carried out according to your preferences without the need for a legal struggle.

1. Include a Terrorem Clause
A terrorem clause is also called a no-contest clause. A no-contest clause is a provision stating that if anyone challenges your will, they will not get anything from your estate. Including a terrorem clause in your will deters your dependents from filing a will contest. However, consult your attorney to determine whether a no-contest clause applies in your jurisdiction. 

2. Use a Revocable Living Trust
A revocable living trust might act as a safety net if you're concerned that your family will disagree to your plans. You can use the trust to protect all of your assets while you're still alive. When you pass away, your assets are dispersed to trust beneficiaries according to the trust's provisions.

A revocable living trust has the advantage of not going through probate like a will. As a result, trusts are rarely questioned. Additionally, you can choose a trustee to oversee the trust's assets. When you die, the trustee will be in charge of dispersing your assets. Another benefit of this trust is you can execute it at any point in your life. The trust accounts for when you are alive, well, sick, and after you die. 

3. Remove Undue Influence
Undue influence is one of the grounds your dependents may use to contest your will. One may state that someone exerted undue influence over you. Assume you intend to leave everything to one of your children, who will be your primary caregiver. In that situation, the other children may allege that this beneficiary took advantage of their power to sway you.

However, avoid the presence of any family members when drafting your will. Furthermore, your beneficiaries shouldn't be present when you are discussing the will with your attorney. Also, ensure that your dependents don't choose the attorney drafting the will. Removing undue influence is an excellent strategy for avoiding a will contest.

4. Avoid Surprises
Many people make the mistake of keeping the specifics of their will hidden until they pass away. While you are still living, communicate your preferences for your estate. If the allocations in your will come as a surprise to your dependents, there is a risk of a will contest.

For instance, if you want to give a family member more cash than the others so they may go to college, explain why. Justifying why your assets aren't evenly distributed minimizes the chances of a will contest.

5. Keep Reviewing Your Estate Plan

Many people draft a will once and forget about it. However, keep updating your will since life situations can change instantly. Experts recommend you review your will at least once every year.

When you take time to review your estate plan once a year, you send a powerful message to your dependents. If your loved ones know you have occasionally been following up on the estate plan, they will not think about a will contest. Make sure any changes to the will reflect ever-changing financial and family situations.

Estate planning is the best way to ensure the fulfillment of your wishes in the event of your untimely death. Thus, work with an experienced estate planning attorney to ensure your will is up to date and reflects all your wishes. Contact an attorney at Kisner Law Firm today to learn more about estate planning.
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