You may think of estate planning as the final determination of your will and your asset distribution. You may not think that your family would contest your will, but there are situations when a family member might choose to do so.
There are some steps that can reduce this risk.
Provide evidence of sound mental capacity
Mental capacity is the most common reason used to contest a will. Whether you provide video evidence or opt for several witness signatures to attest to your mental state, you can reduce the risk of a contested will by providing documentation of your sound, clear mind when you finalize the estate plan.
This also eliminates questions of coercion. If you have reason to believe that someone in your family could contest your will, take clear steps to prove that your estate plan is what you intend.
Always date your will and estate plan records
An estate plan is a living document that you update as things change in your life. Every document you create should bear not only a signature but a date as well. This eliminates questions of validity when there is more than one document. The one with the most recent date is valid and enforceable.
Contesting a will and estate plan leads to delays in settlement and distribution, which can make things more difficult for your grieving family. Take every possible step to ensure the validity of your will, including personal measures as well as legal enforcement. This protects your interests and saves your family from unnecessary emotional upheaval.