ABA Family Legal Guide

Estate Planning

Probate

How can I plan to avoid a will contest?

There's an old saying that you never really know someone until a will is read. However, if your will conforms to legal requirements, a challenge is unlikely to be successful. It's also another reason to consult with an experienced estate-planning lawyer and to update your will periodically.

There are other concrete steps you can take to reduce the chances of a will contest. One is called a no-contest clause, which in some states allows you to disinherit a beneficiary who unsuccessfully contests the will. Of course, be aware that any heir can always challenge a trust or a will by claiming that the person who executed the document did not have the legal capacity to do so or did so as a result of fraud or undue influence. But if you exercise care and obtain good legal advice, these challenges will be defeated and your intentions will be carried out.