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4 strategies to avoid a contested will

On Behalf of | Oct 2, 2023 | blog, Estate Planning | 0 comments

Ensuring the integrity of your last will and testament is important to safeguard your final wishes.

You can help prevent potential contests or disputes over your will through a variety of proactive measures.

1. Clear and concise language

Employing precise and unequivocal language within your will is fundamental. Ambiguities and vague terms may invite disputes. Define beneficiaries and assets explicitly, leaving no room for interpretation. This eliminates potential loopholes to exploit in contested cases.

2. Witnesses and signatures

Ensure that you have the requisite number of witnesses, and they sign the document in your presence. Witnesses can attest to your soundness of mind and intent, which can deter challenges on these grounds. Sign your will with deliberate care and date it appropriately.

3. Include a no-contest clause

Incorporating a no-contest clause can be an effective deterrent. This clause stipulates that any beneficiary who contests the will shall forfeit their inheritance. While not foolproof, it discourages potential challengers from pursuing legal action unless they have substantial grounds for contesting.

4. Record your intentions

Providing supplementary documentation that outlines your rationale for the distribution of assets can be beneficial. This can include letters or memos explaining your choices to your loved ones. While these documents may not be legally binding, they can serve as a testament to your intentions and potentially dissuade individuals from contesting your will.

As one of the 46% of Americans with a will, you had the forethought to plan the distribution of your hard-earned assets. Taking extra measures can help ensure that your loved ones honor your wishes.