Anticipating Will Contests and How to Avoid Them

Abstract

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.

Keywords: wills, will contest, estate planning, ante-mortem probate, will execution ceremony, videorecording wills, no contest clauses, in terrorem clauses, witnesses

JEL Classification: K11