If a person successfully challenges a will and it is not admitted into probate, then the estate will either be distributed in accordance with the terms of a previous will or under the terms of the local jurisdiction’s intestacy laws. People who are creating a will are going to want to take steps to make sure that their will is never successfully challenged. This article discusses some of the measures that testators can take to make sure their will is enforced. It is a good idea to exclude or limit the involvement of a principle heir in the estate planning process to avoid any later accusations of undue influence on the testator. Including a no-contest provision can also be an effective way to safeguard a will. There are other things people can do to structure their assets in ways that they pass outside of the probate process.
See Rob Hazard, Common Ways To Discourage A Will Contest, Estate of Mind, April 27, 2016.
Special thanks to Brian Cohan (Attorney at Law, Law Offices of Brian J. Cohan, P.C.) for bringing this article to my attention.
