Estate planning is more than just distributing your assets—it’s about ensuring your final wishes are carried out without interference. If you anticipate family disputes, estranged relationships, or disgruntled heirs, your will needs to be airtight to prevent legal challenges. Without proper precautions, an excluded individual may contest your will, leading to costly probate battles and delays. Here’s how to shut down will contests before they start.
Why Would Someone Challenge Your Will?
Individuals who believe they were wrongfully excluded or deserving of a larger share may contest your will based on the following legal grounds:
Undue Influence
If an heir claims that someone manipulated or coerced you into making changes that benefit them unfairly, they may contest the will. To counter this:
- Have an independent attorney draft the will.
- Meet with multiple witnesses when signing your will to confirm that you acted of your own free will.
- Document conversations about your estate planning decisions.
Lack of Mental Capacity
A claim that you lacked the mental ability to create a valid will due to dementia, illness, or cognitive decline is another common contestation.
- Obtain a formal medical evaluation prior to drafting or updating your will (learn more).
- Have your physician certify your mental competence in writing.
- Consider video-recording the will signing to provide further evidence of your awareness.
Failure to Provide “Reasonable Provision”
Certain individuals—especially spouses, children, or dependents—may claim that you failed to make reasonable financial provisions for them, particularly if they relied on you during your lifetime.
- If you intend to disinherit someone who could legally challenge your will, include a clear written explanation.
- Consider leaving a small inheritance instead of nothing—it may discourage a challenge by making them risk losing what they were granted.
How to Make Your Will Ironclad
1. Work with an Estate Attorney
DIY wills are far easier to contest due to ambiguities and technical errors. If your will is likely to be unpopular, you need a legally airtight document.
- An attorney ensures compliance with state laws, proper witnessing, and clear wording that cannot be misinterpreted.
- No-contest clauses can be added to discourage legal challenges—this means that any heir who contests and loses forfeits their inheritance.
2. Use a Living Trust
A living trust removes assets from probate and makes contestation far more difficult (learn more).
- Your assets are managed by a successor trustee instead of being distributed through a will.
- Trusts provide greater privacy, making it harder for excluded individuals to challenge your decisions.
- They also reduce probate costs and ensure faster distribution of assets.
3. Obtain a Medical Evaluation
If you suspect someone will claim you lacked mental capacity, being proactive is key.
- Get a doctor’s evaluation confirming your sound mind.
- Ensure the evaluation is recent and documented before you update your will.
- Store medical records with your estate plan as evidence.
4. Draft a Letter of Explanation
A personal letter explaining why you excluded or limited someone’s inheritance can help eliminate claims of oversight or mistake.
- Keep this separate from your will but stored alongside it.
- Address the letter to the excluded individual, making your intentions crystal clear.
5. Avoid Favoring One Heir Over Others Without Justification
Favoring one child significantly over another can spark immediate legal disputes.
- If you must do so, document your reasoning clearly.
- Consider equal distributions with separate, private gifts instead.
6. Keep Your Estate Plan Updated
Outdated wills are more susceptible to legal attacks.
- Review your will every 3-5 years or after major life events (marriage, divorce, birth of a child, new assets, etc.).
- Ensure it reflects your current wishes and is free of inconsistencies.
Finalizing a Will That Can’t Be Contested
If you are excluding an individual from your will, do it properly to avoid costly probate battles. Work with a qualified estate attorney to ensure your will is legally binding, correctly executed, and resistant to challenges.
At Lewis & Matthews, P.C., we specialize in estate planning strategies that protect your final wishes. Whether you need to update an existing will or draft a new one from scratch, we provide expert legal guidance to make your estate ironclad.
For professional estate planning services, contact us today.
