A challenge to a will can be costly and timely as well as sometimes block the deceased’s last wishes but the chance of a challenge can be less likely through careful planning.
The USA Today recently offered some tips on reducing the chances that a will be challenged in "5 ways to make a bulletproof will."
Among the tips are:
- No Contest Clause – These clauses are inserted into a will and declare that anyone who challenges the validity of the will forfeits anything he or she is supposed to receive under the will. Each state has its own rules about when these clauses can be enforced.
- Communication – Telling relatives the basic details of your will can make them less likely to challenge it.
- Doctor Verification – If there are going to be any questions later, it is a good idea to have a doctor verify that you are competent and in good mental health at the time you sign your will.
- Hire an Attorney – An attorney can help ensure that your will is legally sound and hiring one is a much better option than creating your own will or downloading a form will to fill out.
- Get a Trust Instead – By using a trust instead of a will to distribute your assets after you pass away, you make it much less likely that your estate plan can be successfully challenged.
An estate planning attorney can guide you in creating an estate plan that will help meet your circumstances and needs.
Reference: USA Today (Sept. 24, 2016) "5 ways to make a bulletproof will."