If you’re working on your will now, something you may want to do is to prevent a will contest. If you have several beneficiaries and know that conflicts might arise, you should talk to your attorney about different options for limiting their right to contest your will.
One of the simplest ways to prevent a will contest is to include a no-contest clause. This on its own may not be enough, though, so there are other steps you’ll want to take, such as including a doctor’s note to show your testamentary capacity or having a discussion with your beneficiaries before you pass away.
Why do will contests happen?
In many cases, will contests happen because there is a lack of communication between the testator and their heirs. The person who is contesting the will may feel that they were unfairly left out as a beneficiary or that they did not receive what they thought they would as an inheritance.
To help avoid this, those creating wills may want to sit down with their beneficiaries and talk about their wishes. In addition, if you would like to add a no-contest clause to your will, tell your beneficiaries how that would impact them if they did intend to contest your will. In many cases, contesting a will with a no-contest clause will result in the individual losing their inheritance if they lose the case.
Creating a will and taking care of the people around you is important to you, but will contests can hinder your good intentions. Good preparation will help you make sure that your beneficiaries don’t end up contesting the will you worked hard to create.