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3 actions that may help prevent the contestation of your will

On Behalf of | Sep 22, 2021 | Estate Planning |

Your will is the vehicle through which you ensure your loved ones’ care when you are no longer able to do so in person. It is an expression of your final wishes and feelings. The overruling of it after your ability to fight is gone is therefore an event you probably want to avoid.

Unfortunately, wills often face opposition by non-beneficiaries or those who do not receive what they feel an entitlement to, as demonstrated by the fight over the will of individuals like Robin Williams, who passed in 2014. There are steps you may take to help mitigate the risk of someone challenging your will.

1. Make a token gift

One potential argument an individual may make against your will is that you simply forgot to include said person. Leaving anyone you anticipate might contest your will a small amount to show that you did not forget (such as a dollar) may help avoid this.

2. Explain the reasoning behind your decisions

Incompetency and coercion are grounds for the overturning of a will. Leave a letter or addendum detailing the thought process that led to your choices. Another option is creating a video of you explaining them. These provide evidence that you decided to leave your possessions to who you did of your own free will while in a solid-state of mind.

3. Discuss the will with involved parties while alive

Let the relevant parties, such as family members and friends, know beforehand how you plan to distribute your worldly goods. This offers the opportunity to resolve problems that may arise now. If you make any changes to your will, ensure the proper people know.

Preparing and taking precautionary measures with the aid of trusted counsel may help ensure the carrying out of your wishes after you pass.

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