5 Tips to Avoid a Will Contest
You’ve spent a lifetime working hard and accumulating assets. As you age, it’s crucial to consider how you want that property distributed after you pass. Drafting a will can help prevent disputes among family members and heirs over your final wishes. Otherwise, someone could contest the will during probate.
Any named beneficiary or interested party could challenge all or part of your will. If they succeed and the probate court invalidates your will, your assets may be distributed following Arizona’s intestate succession laws. The consequence might be that your property passes to people you don’t want it to.
The experienced estate planning attorneys at Brown & Hobkirk, PLLC know the potential challenges that come with Arizona will drafting. Our legal team can minimize the risk of will contests by executing documents that leave no questions unanswered regarding your property. With our guidance, you can be confident in your estate planning decisions. Contact us today for a free consultation*.
Ensure Your Will is Properly Drafted
What makes a will valid, and how can you prevent will contests? The best way to secure your assets is to work with a qualified estate planning attorney in Arizona. They can advise on ways to ensure your intentions are clear at every life stage.
Begin planning your estate while there is no question about your mental fitness. You must be age 18 or older to create a will in Arizona. However, the sooner you draft your will, the better. Even as a young adult, you may not realize you have valuable property to protect. For example, you may not have much money or real estate, but you could own a beloved dog. You can specify a new owner for your dog in a will.
If you’re a parent, you may be most concerned with the guardianship of your children if you become incapacitated or die. Naming a guardian can prevent a custody battle if relatives disagree over who is best suited to care for your kids. Later in life, your focus may shift to avoiding tax liability and protecting assets for future generations.
Regularly updating your will is essential, especially if you acquire or sell significant assets or experience life changes. An attorney can ensure your will stays current. You don’t want multiple versions floating around, which could increase the likelihood of a will contest.
Clearly Define Your Beneficiaries
One way to reduce the chances of a contested will is by clearly defining your beneficiaries. Beneficiaries are the people or parties who receive assets in a will or trust. They can include:
- Your spouse
- A minor child
- An adult child
- A grandchild
- Another relative
- A friend or other heir
- Charities and other organizations
If you disinherited an adult child or grandchild, you should specify why. You can leave a Letter of Instruction explaining your decision. An estate planning lawyer can help you with this letter, making your will much more challenging to contest.
Include a No-Contest Clause
Another strategy to avoid will contests is to insert a no-contest clause, sometimes called an in terrorem clause. This provision states that if any interested party contests the will and the challenge is unsuccessful, they will receive nothing from the estate.
Including a no-contest clause can be a potent deterrent to disputes over what constitutes a fair share of your estate. The person challenging the fairness of a will risks receiving nothing and incurring high fees and costs associated with estate litigation, which can discourage them from taking legal action.
Arizona courts may make some exceptions to the enforceability of no-contest clauses if there is probable cause or doubts about the legality or fitness of an estate holder when the will or trust was executed. However, if a will dispute is frivolous and probable cause does not exist, the individual pursuing the claim would lose their inheritance.
The practical significance of this is that beneficiaries must feel confident about the success of a will challenge before they move forward. Because such guarantees of success are rare, no-contest clauses often deter will contests.
Update Your Will Regularly
Drafting a strong will is not a one-time proposition. As you move through your life, your estate plan will change. A good rule of thumb is to revisit your estate plan every few years or when you make any major life change, like getting a divorce or selling a house. Make sure your will reflects your current circumstances by meeting regularly with your estate planning attorney. You will enjoy peace of mind and confidence that your will is current and reflects your intentions.
Communicate Your Wishes to Your Family
Discussing money with your children or other relatives may feel awkward or crass. Don’t worry — you don’t need to broadcast every aspect of your estate plan, including who inherits what. However, gently communicating your wishes to your beneficiaries could avoid negative feelings and potential disputes later.
You also will want your family members to know the name of your attorney and where to locate your will and other estate planning documents upon your death. Additionally, there are questions you may want to verify before finalizing your will, such as:
- Does the person you wish to serve as your estate’s personal representative (executor) feel comfortable doing the job?
- Does your preferred guardian have the desire and financial capacity to care for your children after you die?
- Will your pets go to people who want them? You must create a pet trust to set aside money for their care. The will can only transfer the pet as property.
- Losing a family member is stressful no matter what, but communicating estate plans — and including loved ones in the process — can eliminate the unknowns and prevent unnecessary will contests.
Contact Our Arizona Estate Planning Lawyers for Help
Preventing will contests in Arizona is a core service provided by the lawyers at Brown & Hobkirk, PLLC. If you’re ready to craft an estate plan or modify an existing plan to reflect recent changes in your life, contact our law firm for a free consultation* with our trusted estate planning attorneys.