How To Create An Unchallengeable Last Will - Boyum Law
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How To Create An Unchallengeable Last Will

How To Create An Unchallengeable Last Will

Estate planning is about planning for the unpredictable to protect your loved ones. If you’ve taken the time to sit down with an attorney to create a structured estate plan, you probably assume that it’ll be smooth sailing for your loved ones when you pass away because you’ve planned for everything. However, bumps in the road, including will contests, are not always foreseeable. In some cases, a disgruntled heir can challenge a will, which not only places your final wishes in jeopardy, but often also destroys relationships between family members. Read on to discover what it means to contest a will and tips for creating an unchallengeable last will.

What is a will contest?

A will contest occurs when someone challenges the validity of a deceased individual’s last will and testament. To challenge the validity of a will, an individual must be an heir listed in the current will, in a previous will, or an individual who would receive an inheritance according to Nebraska’s intestate laws if the will is proved invalid. The validity of a last will can be challenged for several reasons, such as:

  • A lack of testamentary capacity: An individual can challenge a last will if they believe the testator, or person who created the will, lacked the capacity to understand what it means to create the document.
  • Outside influence: A will can be challenged if an individual influenced the testator when creating the will to the point the testator was unable to express their own free will.
  • Fraud or forgery: If an individual tricked the testator into signing the will or created a fake document, the will can be contested.

It’s difficult to contest a will and prove any of the examples above actually occurred. That doesn’t always prevent a loved one from trying to contest a will, however.

How do you keep your will from being challenged?

There are several strategies you can use to keep your last wishes protected from a will contest. For example, many people choose to include a no contest clause when drafting their last will. A no contest clause states that any individual who challenges the validity of the will loses their inheritance share. However, no contest provisions are not always enforceable. Explaining the reasoning behind who received what can also help prevent will contests. If loved ones have insight into how decisions were made, they’ll be able to understand your choices. Finally, hiring an estate planning attorney to see your estate through the probate process can help keep things running smoothly. By utilizing these strategies or a combination of them, you can protect your last wishes from a will contest.

How can Boyum Law Firm help you?

Boyum Law Firm can help you with your estate planning, Medicaid planning, and probate law needs. To contact Boyum Law, click here.