Anticipating and Avoiding Will Contests

Gerry W. Beyer (Governor Preston E. Smith Regents Professor of Law, Texas Tech University) recently published his article entitled Anticipating Will Contests and How to Avoid Them (2011). The abstract available on SSRN is below:

An estate planner must always be on guard when drafting instruments which may supply incentive for someone to contest a will. Anytime an individual would take more through intestacy or under a prior will, the potential for a will contest exists, especially if the estate is large. Although will contests are relatively rare, the prudent attorney must recognize situations which are likely to inspire a will contest and take steps during the drafting stage to reduce the probability of a will contest action and the chances of its success.

This article begins by discussing the situations where a will contest is more likely and then discusses a wide range of techniques which may be helpful in preventing will contests.