Ways to prevent your will from being contested

On Behalf of | Apr 19, 2021 | Uncategorized

When you draft your will in Indiana, you should do so with care. You want the instructions in your will to be followed to the tee. However, keep in mind that the law does allow designated people to contest a will in certain circumstances. To help prevent someone from contesting your will after your passing, there are a few things that you may want to do.

Start by undergoing the estate planning process early

Contested will and trusts are typically a result of one family member stating that they believe that the grantor did not have the capacity to construct their will at the time that they did so. You can help to curb this contesting excuse by simply undergoing the estate planning process early. The younger you are when you construct your will, the less likely a family member will be able to invalid it.

Include a no-contest clause

A no-contest clause, also known as a terrorem clause, is a special provision that you can include in your will. It states that if a person challenges your will, they will receive nothing from your estate in the event that they lose their lawsuit. For this clause to work, the person contesting your will must be awarded some portion of your estate according to your will. This provision works as a powerful deterrent to keep people from filing a contest lawsuit.

Continually update your will

Your will should change along with your life changes. Having children, getting married or experiencing the death of a loved one may alter your estate plans. By consistently updating your will as the years go by, it’s harder for a person to contest the will based on the fact that you didn’t know what you were doing at the time of writing it.

When you put time and effort into making the tough decisions involved in the estate planning process, you don’t want someone to undermine them. Unfortunately, contesting a will is a legal process that some individuals may be able to undergo after your passing. To do your best to prevent your will from being contested, you should utilize the tips that we went over above.