8 Ways to Help Avoid a Will Contest

9:10 pm Wills

Boxing e1321902650338 8 Ways to Help Avoid a Will ContestWould The Waltons succeed as a TV show today?  Probably not.  Most popular shows today are about families that fight, and it’s hard to tell if that is a reflection of our society now or vice versa.

So it’s understandable that people who take the time and effort to put together a will don’t want to see it voided by a contentious family squabble.  Here are 8 ways to help avoid a will contest:

  1. If you think your will might be contested, consider using a trust instead to pass assets to heirs.
  2. Be sure to explain the reasons for why you structured your will the way you did so your intent is clear.
  3. Add a no-contest clause to your will to deter heirs from filing suit.
  4. If you are making specific bequests to charity, explain why – if you have a history of supporting a particular charity named in the will, say so to demonstrate your relationship and intent.
  5. Don’t make changes to your will when you are in poor health.
  6. Try to use the same attorney who drafted your will to make any changes.
  7. Be sure your attorney documents the execution of the will.  You may want the process videotaped.
  8. Follow all legal requirements in California to create and execute a will.  You must sign your will in the presence of two witnesses, and they must also sign in your presence.

If you need help creating or amending your will, contact our Newport Beach law firm.

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