How Do You Avoid a Will Contest?

A will comes in handy to ensure that your chosen beneficiaries are taken care of and that your wishes regarding your estate, assets, and other matters are carried out. In addition, the document protects the rights of your family and loved ones after you pass away.



Unfortunately, disputes over wills may sometimes arise, leading to legal issues such as a will contest. Discover what a will contest is and how you can avoid one.

What Is a Will Contest?

A will contest is when a party goes to court to claim that a will is invalid. For example, a contest may occur if someone believes that the will does not reflect the deceased's true wishes or that it disregards their interests unfairly.

How Do You Prevent a Will Contest?

You can do a few things to avoid a will contest.

Start Estate Planning Early

Procrastination is a common issue in estate planning. However, the longer you wait to start your estate plan, the higher the chances of a contest arising in court after you have passed away.

For example, if you wait until old age to embark on estate planning, some people may claim that you were not in your best state of mind and didn't know what you were thinking. So, don't wait until you are completely sure of what you want to do. Instead, start now, then update your plan later if something comes up. 

Include the No-Contest Clause

The no-contest clause is a provision in the will that states that any beneficiary who challenges its validity (in other words, contests it) will not receive anything from the estate.

While this may seem extreme and unfair to some, this clause incentivizes beneficiaries to avoid contesting the will, as they would lose out on their inheritance if they did so.

However, note that the no-contest clause does not apply in all states. So, to be safe, check your state's laws before including this clause in your will.

Involve Your Beneficiaries

Including your beneficiaries in the estate planning process can benefit both parties. Not only does it help to ensure that everyone is aware of their roles, but also minimizes potential issues and disputes down the line.

Involvement from the beneficiaries can include discussing allocations, helping with the distribution of assets, or simply being present when you review the will.

Update Your Will Regularly

Estate planning does not end with the creation of a will. Life circumstances and relationships can change over time. So review your will periodically to ensure that it still reflects your wishes.

For example, suppose you get married. You may need to update your will to include your spouse. In the same way, if you adopt a child and you wish to include them in your will, then you must update the will. And if you undergo divorce or separation, your will must reflect those changes.

Consult an Attorney

Attempting the DIY estate planning route can be risky and potentially lead to a will contest. However, working with an experienced attorney ensures the accuracy and validity of your will, preventing possible challenges or disputes in court.

A good attorney should also provide useful advice regarding other matters, such as taxes and probate procedures, ensuring that all relevant regulations are met. Also, since the attorney is not biased, they can help to ensure that the estate is allocated fairly and accurately.

You can trust us at Shepherd Law Firm to secure your estate planning and help avoid a will contest. With years of experience in the field, we provide professional legal services that ensure your will's accuracy, validity, and fairness. Contact us for a consultation.