4 Ways to Prevent Your Will from Being Contested

Posted by Martin Heller Potempa & Sheppard, PLLC on September 20, 2022

After taking the time to write your will, you likely expect that this is all you have to do for your wishes to be respected and your assets to be distributed accordingly. However, having a will might not be enough to keep your loved ones from contesting it. The last thing you want is for your loved ones to be left hurt and arguing after you pass away. Fortunately, getting help with estate planning now can help your loved ones later on and prevent your wishes from being contested.

Here are four ways you can help prevent a will from being contested in the future.

Discuss Your Will with Loved Ones

Some might not think to discuss their estate plans with loved ones far in advance. Discussing these matters can be upsetting, and you might think you have plenty of time left to do so. Illnesses and accidents can occur at any time, so it’s important that you don’t put off having these talks with everyone. Allowing your loved ones to know your intentions for your assets in advance helps ensure that there won’t be any surprises when the time comes. Your loved ones should already know how your assets will be distributed and that you made these decisions were your own, so hopefully, there will be no issues later on.

Create Your Will with an Attorney

Today, you can find many resources online that can help you create a DIY will. This might seem like the best option, as it can seem faster and is possibly something you can do on your own. However, the best way to write your will is to do so with the assistance of an estate planning attorney. Cutting corners and trying to do this yourself only increases the risk that something is done incorrectly that can leave others questioning your will. An estate planning attorney can help that your will is created properly and there are no issues that could result in a will contest.

Include a No-Contest Clause

If you suspect that one of your loved ones is likely to contest your will, you may consider including a no-contest clause. This is a statement that you can add to your will that results in anyone who contests your will and loses will no longer receive the inheritance you left for them. This can make a loved one trying to fight for more than you left them not want to risk losing what you did leave for them. Of course, your will may still be contested, but this can help dissuade people from contesting it if there aren’t serious concerns over respecting your wishes.

Prove Your Competency

Many people might not have to worry about their loved ones questioning the state of mind they were in while creating their estate planning documents. If you’re concerned that a loved one might try to claim that you lacked the testament capacity needed to create a valid will, this is something you may be able to plan for now. An estate planning attorney can help you understand what you need to do to show that you were competent, such as getting reassurance from a doctor.

Write Your Will with Martin Heller Potempa & Sheppard, PLLC Today

Planning for the future may seem complicated, but there’s nothing to worry about when you have the right help guiding you through it. Whether your plans are simple or complex, an estate planning attorney can help ensure everything is handled with care. At Martin Heller Potempa & Sheppard, PLLC, we’ve helped many people in Nashville and the surrounding areas create their estate plans.

Contact us to get help with writing your will today.

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