How Can I Decrease the Chances of Someone Challenging the Validity of My Will?

With estate planning, you may be able to include what is known as a no-contest clause to decrease someone’s incentives to challenge the contents of your will. Working directly with an estate planning attorney is one of the best ways to get the peace of mind provided with the estate planning process.

If someone challenges your will in Virginia courts, this slows down the probate process while the courts investigate the claim of the will’s invalidity.

You can take several proactive steps under the guidance of your estate planning lawyer to decrease the chances that someone will be able to effectively challenge the validity of your will in the future. Some of the most popular ways to avoid future will challenges include:

• Discussing your will and the intentions inside of it to each of your children to avoid any surprises and to give you a chance to explain your reasoning.
• Excluding your children completely from the will writing process to invalidate any future claims of any undue influence.
• Have your doctor present to the signing of your will to invalidate claims associated with alleged lack of capacity.
• Use a trust rather than a will to provide structure and control in asset transfer for those loved ones who may not be able to manage inheritances responsibly on their own.

These steps can help you to create a comprehensive estate plan that incorporates all of your primary goals and minimizes the possibility of future estate disputes. A Virginia Beach, VA lawyer can help you.