Who is able to contest a will?

On Behalf of | Jul 13, 2022 | Contested Wills & Trusts

One of the worst things that can happen in Indiana after you pass is to have your will contested. It will be up to you to do all that you can to avoid this. Below are some things that can you should know about will contests.

Certain parties can contest your will

The issue of contested wills is one that causes strong emotions. As a result, people have been driven to take more effective precautions.

Minors under the age of 18 cannot contest the conditions of a will. Only adults who have been named in the will, but not as beneficiaries, can challenge it. This is because they stand to inherit from the will if a judge declares it invalid.

Your will can include a no-contest clause

One of the best things that you can do in order to avoid the mistake of leaving your will open to debate is to include a no-contest clause. It is true that this clause may not be enforced in every state.

Some parts of the country will allow you to sue an estate and still inherit if you win. But if you can have such a clause in your will, you should definitely include it. The sheer peace of mind it can grant is worth it.

A no-contest clause is literally what its name implies. It prevents your named heirs from contesting the terms of your will. If they try to do so and then lose the decision, they will be automatically disinherited. This is a move that, if your state allows it to be enforced, will stop the arguing. It will streamline the process of distributing assets.