It’s a scene straight out of the movies. An anxious family comes together following the death of a wealthy pater familias. They’re there to mourn, but also to find out what exactly is written in his will. The will is read - and no one expected that all the family assets were going to his kind nurse of many years. 

(Spoiler alert if you haven’t seen this movie.)

Everything erupts in chaos, making any bad blood between family members exponentially worse.

While Hollywood takes dramatic liberties, these situations do occur in the real world as well. But if you take the right steps when preparing your will, you can reduce the chance that it will be contested after your death.

Back to basics

Clear communication from the outset is key here. Before you write your will, you should be discussing issues surrounding your estate with those family members who will be impacted by decisions: children, siblings, and grandchildren are the typical beneficiaries, but of course, it’s your will! You can include who you want. 

In these early discussions, share your intentions for how your assets should be distributed and how you want the process to look. You don’t need to do a deep dive here - a rough overview of your estate should be sufficient at this time. Now is the opportunity to solicit input from family members. While it’s up to you how to incorporate any feedback, it can be enlightening to consider their perspectives. 

The goal of this meeting - or meetings if needed - can defuse any potential problems and help your hiers-to-be become more comfortable with your intentions. While there are no guarantees that everyone will be happy, advanced discussions prevent the shock of a plot twist.

Means of protection

Did we mention there are no guarantees? That still applies here. However, there are ways you can better set up your will to prevent legal challenges.

No-contest clause

Also known as the “in terrorem clause,” a no-contest clause establishes that if one of your beneficiaries challenges your will, they’re subsequently removed from your estate. 

This can help prevent someone from contesting a will, but this clause isn’t enforceable in all states or may be subject to exceptions. 

Pick your witnesses well

When you draft your will, you need a witness that will attest that you were of sound mind during the process. Close friends or colleagues make good options here - they are less emotionally invested in your will than a family member. A good witness should also be healthy, younger than you, and easy to find in case of disputes. 

Get a doctor’s note

Your doctor can also back you up in your will. A note from your physician regarding your health is a recommended provision, stating that you had sufficient mental capacity to make estate planning decisions. 

One last suggestion

Once your will is finalized, don’t just put it in a safe and forget it. Pull it out at certain intervals and review it with your attorney. Regular updates and reviews will make it easier to avoid legal challenges. But if they’re unavoidable? These reviews will be well worth your time. 

If wills are on your mind, it’s never too early to start thinking how you’d like to establish yours. Contact the team at Smolin Lupin today for a free consultation.