Anticipating Will Contests and How to Avoid Them
41 Pages Posted: 10 Sep 2011 Last revised: 21 Sep 2012
Date Written: September 2012
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
Suggested Citation: Suggested Citation