In our last blog post we discussed the most common reasons why estate plans are contested. Today we will discuss how to prevent or reduce the risk of your estate plan being contested. Here are several steps or methods you can take to make it less likely.
1. Ensure Mental Capacity
To prevent claims that you lacked the mental capacity to make your estate plan, consider getting a medical evaluation around the time you draft your estate plan. This can provide evidence that you were of sound mind.
2. Avoid Undue Influence
Make your estate planning decisions privately and independently. Discuss your plans with multiple family members and seek advice from neutral professionals. Avoid situations where one person could exert undue pressure on you.
3. Follow Legal Formalities
Make sure your will is signed and witnessed according to the laws in your state. Consulting an attorney can help ensure that all legal requirements are met.
4. Keep Your Will Updated
Regularly review and update your will to reflect changes in your life, such as new relationships or significant asset changes. Clearly state any reasons for these updates to prevent confusion.
5. Use Clear Language
An experienced estate planning attorney can help you draft a will with clear, precise language. Avoid vague terms and clearly explain your decisions to prevent any ambiguity.
6. Communicate Your Wishes
Talking openly with your beneficiaries about your estate plan can help them understand your decisions and reduce the likelihood of disputes. When your family knows your reasoning, they’re less likely to challenge your wishes.
Final thoughts
Understanding the common reasons and taking proactive steps can help ensure your wishes are followed. Taking these steps not only protects your assets but also provides peace of mind for you and your loved ones.
