How to Create a Will That Holds Up to Challenges
As you establish your estate plan, one key issue you’ll likely want to avoid is leaving any doubt as to your intentions or ability to make sound decisions when you set up your will. Otherwise, it’s possible that certain individuals could try to challenge your will in court. You must make the appropriate efforts to ensure your will is as clear and legally binding as possible.
The following are some tips help you accomplish exactly that:
- Establish a no-contest clause: If you wish to discourage people from contesting your will, establish a no-contest clause. Usually, this clause indicates that anyone who attempts to challenge your will gets nothing from your estate. Because most people who would challenge a will are doing so out of self-interest, this action serves to prevent challenges from occurring at all.
- Discuss your wishes with your heirs before your passing: You can reinforce the idea that what’s in your will are indeed your actual wishes by speaking with your friends and family members before you pass away. This also gives you the opportunity to explain some of your decisions.
- Have a physician verify your testamentary capacity: For a will to be valid, the testator must have “testamentary capacity” during its creation, which essentially means you must be of sound mind. If you’d like to remove any doubt of your testamentary capacity, have a doctor verify your mental health at the time you create and sign the will.
- Work with an attorney: Experienced estate planning attorneys understand how to write wills to avoid legal loopholes or potential vulnerabilities that would lead to challenges.
- Use other estate planning tools: Consider using trusts or other estate planning tools, which can provide a stronger defense against potential challenges.
For further guidance on how you can create the strongest will possible, meet with a skilled Florida estate planning lawyer at The Charles Law Office today.