Creating a will helps make sure your last wishes will be carried out after you are gone. However, it is important to know that not all wills are ironclad.
If someone feels upset, left out or unsatisfied over your will, it is possible for them to file a contest during the probate period. This can be your beneficiaries, heirs-at-law or even creditors.
No one wants their will to undergo any scrutiny, much less a change that they won’t be able to prevent. If you think there is even a small possibility of anyone contesting your will, here are some ways to avoid that.
Ensure proper execution of your will
A common reason for will contests is improper execution. To ensure it is, you must sign, witness and complete your will according to Washington law.
That said, it is advisable to have an estate planning attorney who can process your will and ensure its proper execution.
Collect secondary evidence
Aside from the will itself, you might also want to have records of:
- Who signed the will and witnessed the signing
- How you or your attorney drafted the will
- Your last wishes
- Your physical and mental capacity when making the will
This way, there is evidence that you drafted the will properly and were of sound mind upon signing. Aside from avoiding execution problems, you can avoid the possibility of undue influence, which might argue that you someone defrauded into signing the will.
Consider a no-contest clause
Adding a no-contest clause to your will can discourage beneficiaries from challenging your will if they have something to lose. Such a clause works by revoking a beneficiary’s inheritance if they contest the will and lose.
No-contest clauses can be useful for anyone who foresees conflict about inheritance. If, for example, your child contests your will despite the clause, they may receive nothing at all if they lose in court.
Planning your end of life can be challenging enough. But with the right precautions in place, you can have peace of mind knowing your last wishes will be honored.