Preventing Someone from Contesting a Will
Not all families get along, and the promise of an influx of inherited money can fuel the flames of anger, resentment, and greed. If you have a family member who is likely to battle over life’s little details, you might need to contact a lawyer to ensure your will (or a loved one’s will) can be easily defended, if contested.
If the will is more than three or four years old, visit a lawyer and give it an update. Even if there are no changes, document the review of the will. If the will ends up being reviewed by a judge, you will have the favor of the legal system if the will was recently reviewed for fairness and accuracy.
If you (or your loved-one) has started to see a decrease in mental ability, contact a lawyer to confirm your current mental status as sufficiently sound and validate the contents of the will. Decreased mental capacity is a strong basis for contesting a will. However, if you can confirm the text of the will while still with a generally sound mind, the will won’t be vulnerable to being contested.
If the will assigns a substantial percentage to one child over another; or if it assigns a significant amount of money to an organization, visit a lawyer and confirm the details. Again, anything that stands out as unusual could be grounds for contestation.
The more documentation around the creation of will, the better. Witnesses, doctor’s notes, and the help of a good estate planner will ensure that your wishes are carried out exactly as you want.
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