How Can I Reduce the Chances of My Will Being Challenged After My Death?

 Posted on April 16,2020 in Estate Planning

Deciding how your property should be distributed upon your death is not the most pleasant topic to consider. However, proper estate planning is a crucial step that every individual should take regardless of age or wealth. If you have decided to create a last will and testament, you may be concerned about your will being challenged or contested. When a person contests a will, they challenge the validity of the will in court. If the will contest is successful, the directions contained in the will may be set aside and instead the deceased person’s property is distributed according to intestate laws. There is no way to guarantee that your estate plans will not be contested, but there are actions you can take that will significantly reduce the chances of a will contest.

Do Not Put Off Estate Planning Until Old Age or Poor Health

Many people are under the false assumption that they do not need to worry about their will or other estate planning tool until they are much older or have a major health concern. However, waiting too long to start estate planning could result in your will being contested due to lack of testamentary capacity. The best way to avoid this is to create your will before you have any type of major mental or physical health issues. Once you have drafted your will, talk to your family about what to expect when you pass away. When beneficiaries know the contents of your will in advance, they may be less likely to contest the will out of shock.

Consider a No-Contest Clause

Although you cannot stop a beneficiary from contesting your will, you can include a clause that makes contesting the will a much less attractive option. A no-contest provision is a clause that places certain penalties on anyone who contests the will. For example, you may include a clause that states that if a beneficiary contests the validity of the will and loses, that he or she loses part or all of his or her inheritance. If the will contest is successful, however, the no-contest clause may be nullified and your assets are distributed according to state law.

Contact a Lombard Estate Planning Attorney

The best way to ensure that your will does not have mistakes or oversights that could lead to a successful will contest, work with an experienced estate planning attorney. For personalized legal guidance regarding estate planning concerns, contact Traub & Associates. Call us at 630-426-0196 for a confidential consultation with a skilled DuPage County estate planning lawyer.

Source:

https://www.wealthmanagement.com/estate-planning/no-contest-clauses-explained/