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3 ways to avoid a contested will

On Behalf of | Dec 1, 2022 | Estate Planning |

After a death, emotions often take a turn when it comes to a will, with some family members deciding that they should contest it.

While 46% of U.S. adults who do not have a will in place leave their loved ones in a lurch, according to a Gallup survey, you want to ensure your careful planning unfolds as it should. Three ways to avoid a contested will include:

1. Avoid signs of undue influence

Among the reasons that people may contest a will include undue influence. This may happen when a family member believes another person in the will used their position, such as your primary caregiver, to influence how much each loved one receives upon your death. To avoid that, all of your planning, discussions and visits with an attorney should happen without anyone else around.

2. Include a no-contest clause

This clause provides an easy way to make your wishes clear as a bell. Still, for it to work, you must ensure you leave something considered valuable to the person likely to become disgruntled at the will reading. If they pursue contesting the will, the clause means they get nothing if they lose.

3. Have the required witnesses and notary at the signing

It is important that your Will meet the legal requirements and having the required witnesses and notary present at the signing are vital.

Building your life took hard work and planning. You have the right to expect that your final wishes get fulfilled the way you want.

FindLaw Network
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