Ensuring that your final wishes are honored was likely a primary motivation for the creation of your Last Will and Testament. For your plan to work as intended, however, the terms of your Will must be honored. That means that minimizing disputes and discouraging a Will contest should also be among your estate planning goals. To help you understand, the Los Angeles attorneys at Schomer Estate & Wealth Advisors discuss common steps you can take to help prevent a California Will contest.
- Work with an Experienced Estate Planning Attorney: Collaborating with an experienced California estate planning attorney is essential to ensure that your Will complies with state laws and is properly executed. Your estate planning attorney can also provide guidance on incorporating additional safeguards to deter potential contests. Your attorney can also help ensure proper execution of your Will, which includes having at least two disinterested witnesses present during the signing of the Will.
- Include a No-Contest Clause: A no-contest clause, or in terrorem clause, stipulates that any beneficiary who challenges the Will’s provisions forfeits their inheritance. While this can serve as a deterrent, California law enforces such clauses only under specific circumstances. If a contestant has probable cause to believe the Will is invalid, the no-contest clause may not be upheld, making it important to discuss the implications of including this clause with your attorney.
- Document Your Mental Capacity: Challenges to a Will often arise from claims of lack of testamentary capacity or undue influence. To counteract such claims, it is advisable to document your mental competence at the time of execution of the Will by doing things such as obtaining evaluations from medical professionals affirming your sound mind and your understanding of the Will’s provisions. Such documentation serves as compelling evidence against claims that you were not fully aware or were coerced during the drafting of your Will.
- Establish a Revocable Living Trust: Creating a revocable living trust can be an effective strategy to minimize the risk of a Will contest because assets placed in a trust bypass the probate process, which is when a Will contest occurs. Since trusts are administered privately and their terms are not made public, they offer an additional layer of protection against disputes. Moreover, managing your assets through a trust during your lifetime allows for seamless transition upon your death, reducing the chances of legal challenges.
- Regularly Update Your Estate Plan: Life events such as marriage, divorce, the birth of children, or significant changes in assets necessitate updates to your estate plan. As such, routine reviews ensure that your Will accurately reflects your current intentions and circumstances because an outdated Will can be a focal point for disputes, especially if it does not account for new family dynamics or asset acquisitions.
- Clearly Communicate Your Intentions: Open communication with your beneficiaries about your estate plan can preempt misunderstandings and reduce the likelihood of a Will contest. By explaining your decisions and the rationale behind them, you provide clarity and set expectations for your loved ones. While these conversations can be challenging, they foster transparency and can prevent feelings of surprise or resentment after you are gone.
- Avoid Unnecessary Disinheritance: Disinheriting a close family member can be a significant trigger for a Will contest. If you choose to disinherit someone, clearly document your reasons and consider alternative approaches, such as providing a nominal inheritance coupled with a no-contest clause. This strategy can deter Will contests, as the disinherited individual risks losing even the minimal provision by challenging the Will.
- Create a Comprehensive Estate Plan: Although your Will may be the first estate planning document you create, it should ultimately serve as the foundation of a comprehensive estate plan. To avoid disputes and challenges to your Will, make sure that all your estate planning documents are consistent and do not contain conflicting provisions because discrepancies between documents can create confusion and provide grounds for legal challenges.
Can We Help You Avoid a California Will Contest?
For more information, please join us for an upcoming FREE seminar. If you would like assistance preventing a California Will contest, contact the experienced Los Angeles estate planning attorneys at Schomer Estate & Wealth Advisorsby calling (310) 337-7696 to schedule an appointment.
A graduate of Boston University School of Law, Scott P. Schomer is a frequent lecturer on estate planning and elder law issues, having discussed these important issues on local and national television. A seasoned courtroom advocate, Scott has obtained combined judgments and verdicts in excess of twenty-five million dollars for his clients. Read More!
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