As you plan for the future, ensuring your final wishes are honored is crucial. However, will contests can overturn these plans, causing stress, emotional turmoil and additional grief for your loved ones. Understanding common reasons behind these disputes can help you prevent them. Here are five common reasons family members contest a will and how you can avoid them.
Lack of mental capacity
Your family members may argue that you lacked the mental capacity when writing your will due to illness or dementia. If you do not want your family to think this about you, ensure you are mentally capable when writing and signing your will. You can consider undergoing a medical evaluation close to the time when you created your will. A doctor’s statement confirming your mental capacity can debunk your family’s claim.
Undue influence
When someone asserts that you were pressured into making certain decisions, you may face claims of undue influence. Keeping the process transparent and involving a neutral third party can help prove your autonomy.
Fraud or forgery
Beware of potential allegations of fraud or forgery, which may arise if some of your family members suggest that someone tampered with your will or forged your signature. To avoid this, have your will notarized and signed in the presence of witnesses. Storing the will securely can also prevent tampering. An attorney can guide you through all legal formalities you have to observe.
Ambiguities in the will
Using vague language in your will can lead to differing interpretations and disputes among your beneficiaries. Working with an estate planning attorney could provide the necessary support to help you draft a clear and precise will.
Omissions or unfair distributions
Some of your family members may contest your will if they feel unfairly left out or distributions seem inequitable. Discussing your intentions with them beforehand can alleviate their concerns. You might want to consider hiring an attorney who can facilitate discussions and advise on fair distributions.
Taking steps to prevent these concerns not only provides peace of mind for you but also helps maintain harmony among your loved ones during a difficult time. Seeking legal help could be a wise investment in protecting your final wishes and securing your family’s future.
