Strategies for Defeating Will Contests

Although rarely successful, will contest actions can befinancially burdensome and emotionally devastating.  Here are 10 strategies for avoiding ordefeating a will contest action:

1. Consider using trusts instead of wills as trustsare more difficult to contest and less commonly taken on a contingency feebasis.
2. Include an explanation for your actions asevidence of your intent and competence.
3. Include a no-contest (in terrorem) clause todissuade beneficiaries from bringing an action.
4. File the will with the probate court to firmlyevidence your wishes.
5. If giving to a non-profit organization whichyour attorney is affiliated with, document your long-standing relationship withthe organization.
6. Avoid making changes to a will while in badhealth.
7. Avoid using different attorneys or firms whenmaking changes.
8. Ensure the will execution is well-documented.
9. Consider ante-mortem probate, or having the willdeclared valid by the court during the testator’s lifetime.
10.  Follow all legal requirements for creating awill.

See KatrinaAshley, Avoiding or Defeating WillContest Actions, Dinsmore, Aug. 23, 2011.