A will is a legal document that outlines someone’s final wishes. When they pass away, the instructions of the will, which may include things like who should inherit assets and who should look after minor children, should be honored. A Will is submitted to a court to be probated. Probate implements the wishes of the person who wrote the will.
In most cases, this is exactly what happens. However, there are occasions when a will might be contested. This means that an interested party challenges the validity of the will and its requests. Will contests can be complex, resulting in lengthy and costly disputes between family members and friends. How can will contests be prevented? The best way to avoid a will contest is to have a lawyer draft it. The lawyer can provide specific and detailed information that documents the drafter’s wishes. This makes the will more difficult to challenge. A lawyer can also tell if there are matters that likely would lead to a will contest.
Updating the will
A will should always accurately reflect the testator’s most recent wishes. This means that it needs to be updated at regular intervals or when circumstances change significantly. An old will is much more likely to be contested than a new one.
When updating a will, it’s also important to ensure that old versions are disposed of appropriately. When there are two or more versions of a will, contests are much more likely.
These are just two ways to potentially prevent will contests. You may also want to include things like no-contest clauses. By seeking legal guidance, you can be armed with all of the information you need to reduce the likelihood of will contests.