5 Techniques for Preventing Will Contests in California

 Posted on February 22, 2022 in Wills

When you have taken the time to make a will, the last thing you want is for someone to challenge it when you are no longer there. You made a will because you want to control where your assets go. Having your will set aside after a successful challenge can defeat the purpose entirely. Will contests can be expensive, and they can also cause lasting rifts among families that may never heal. Fortunately, there are a few tactics estate planning attorneys use to anticipate and prevent will contests. If you have any concerns about a potential will contest, it is important to let your lawyer know so that they can take steps to prevent one.

What Are Some Ways to Prevent a Will Contest?

There are a few steps that you and your attorney can take to greatly reduce the odds of a will contest. They include:

• No-contest clause - A no-contest clause in a will states that anyone who contests the will automatically receive nothing. These clauses are very effective when they are enforceable. However, judges will frequently override these clauses if they believe the person who filed a contest had probable cause to do so. Additionally, there are limited circumstances under which these clauses can be enforced.
• Capacity documentation - One of the most common reasons wills are contested is because someone believes that the testator lacked the mental capacity to execute a will. It may be a good idea to obtain a letter from your doctor or a mental health professional stating that you are of sound mind and capable of creating a will.
• Careful execution - The legal requirements regarding how a will is to be executed are quite strict. Executing a will under the guidance of a lawyer can help ensure that anyone who plans to challenge your will for improper execution would be extremely unlikely to succeed.
• Self-proving clause - This tactic involves a formal written statement by those who witness you signing your will. Such a statement should include assertions that you clearly have the capacity to make a will, that you intend to create this will as it is written, and that there is no apparent undue influence and you are in no way being forced or coerced into signing. Your witnesses must not be beneficiaries.
• Explain disinheritance - Will contests are frequently initiated by someone who would inherit from you under the laws of intestacy, but was left out of your will. You can add a document explaining that you intentionally left this person out and it was not an accidental omission. It may be a good idea to include an explanation of why.

Your attorney may recommend any or all of these steps, or additional steps depending on your particular situation.

Call a California Wills Attorney

Law Office of David Schechet is skilled at creating highly challenge-resistant wills. Our experienced California wills lawyers are skilled at anticipating and preventing possible challenges. Call 800-282-4731 to arrange a free consultation.

Source:

https://www.thebalance.com/tips-for-avoiding-a-will-contest-3505204