How can I minimize the chance of someone challenging my will?
When a person passes away, their estate and property is put through probate, which is a process designed to validate the will and deal with a variety of factors. Payments to creditors, tax payments and disbursement of assets are made through the probate process. Another aspect of the will dealt with through the probate process is addressing any will contest from valid contesters. A will contest can result in the probate process grinding to a halt, and can cause lengthy delays and considerable additional costs.
A will can be contested for a variety of reasons, but can only be contested by someone with a valid standing. This means that someone that has not benefited from the will, but may have benefited in the event that there was no will (such as an heir at law). The contest can be on grounds such as:
- The will was made under influence from a third party
- The will is not the most up to date copy
- The will is a forgery
- The will is not properly witnessed
- The testator was not of sound mind when the will was made
If you have any concerns about someone contesting the will, you should take the necessary steps to ensure that these issues are as watertight as possible. You should ensure that your will is updated whenever you make any chances, and that the original is kept in a safe place known about by several people that you trust (your witnesses could be used for this). Also, ensure that you solicitor has a dated, up-to-date copy at all times.
Make sure that your will is witnessed, signed and dated by two witnesses to minimize any issues being raised about the witnessing of the will. If necessary, voice your concerns to the attorney, as they can take several steps to ensure that your will is unlikely to be contested. This includes getting a mental health check-up carried out by a medical professional so that even your state of mind cannot be questioned by a potential contester.
Other steps that a lawyer can take is to video your execution of the will; have a high-standing professional, such as a doctor, witness the will; and add clauses that will discourage others from contesting the will through the possibility of reduced or no benefit from the will if they do contest it and it fails.
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