1. Home
  2.  | 
  3. Estate Planning
  4.  | 4 steps to protect your will from being contested

4 steps to protect your will from being contested

On Behalf of | Apr 19, 2023 | Estate Planning

Creating a will as part of your estate plan ensures that all your wishes are carried out after you pass away. However, the last thing you want is to leave your family arguing when you’re gone. This is why you should do everything possible to prevent your will from being challenged by any concerned parties. 

Simply writing your will doesn’t mean it’s airtight and your wishes will be respected. However, taking the following steps can help reduce the likelihood of that happening.

Follow state laws

While this may seem obvious, following the state’s laws will help ensure your will remains uncontested. For example, in Arizona, only persons over 18 and of sound mind can write a will. 

Write your will independently

When writing your will, ensure you write it independently to avoid undue influence claims. If you write your will with the help of a person who stands to benefit from it, then your will may be challenged in court on the basis of undue influence. 

Include a no-contest clause

Adding a no-contest clause on your will may help limit or prevent your will from being contested. This clause should state that any beneficiary who contests the will over their share shall lose their inheritance. 

Consider a revocable living trust

You can prevent a will contest by using a revocable living trust as your estate planning vehicle. In a revocable living trust, you will move your assets into the trust, and they will be distributed to your beneficiaries according to the terms of the trust after you pass away. Trusts don’t go through probate and are more difficult to contest. 

Creating a will is easy, but ensuring your wishes are respected is a different story. However, by taking the above steps, you may prevent a will contest and provide you and your loved ones peace of mind.