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Creating a will ensures your last wishes are carried out following your passing. There are many other reasons to have a will, each one making it easier for your loved ones. However, all of this careful planning and thought could be voided if someone were to successfully contest your will.
Contesting a will can only be done by spouses, children or those who are included in your will. To contest a will, the person contesting has to file a contest during the probate process. For the contest to be considered, there needs to be a valid legal question regarding the will. If they disagree with it, have been left out or hurt by the contents of the will, then it is not possible to challenge a will.
However, contesting a will can be a time-consuming process. For family members wanting to move on following the passing of a loved one, a trust dispute will only prolong the process. Instead, you want to put measures in place to prevent a dispute. Here are a few things you can plan to help avoid a will or trust dispute from occurring.
Be Semi-Private About Your Plan
Consider only letting your close loved ones know what is included in your will, the things that you have put in place, as well as your reasons why. Keeping your loved ones informed will help to reduce the chances of any big surprises occurring. Alternatively, take time to speak with certain loved ones. It may also help express any caring thoughts and emotions, to ensure that they do not feel that the will reflects a lack of love from you.
What you decide to do with your will, should be based upon what you believe is likely to prevent a will contest in your situation. Whatever your decision is, consult with your attorney so you know of all your options.
Seek Advice On Disputes
Ensure that a trusted beneficiary is aware of good solicitors specialising in trusts, especially trust disputes. If in the incident of a family trust dispute, one of your beneficiaries can seek advice on trust disputes from experienced trust dispute solicitors. Having this support will help your beneficiary effectively and efficiently resolve a trust dispute with few issues. Additionally, knowing a trust dispute solicitor, one that you trust, will help with quickly resolve a dispute, even within the time limit.
Keep A Copy Close
After spending time creating a will, do not forget about it. Take the time to review it yearly to make any tweaks or significant changes. Showing that you have spent time reviewing your will, allows your loved ones to see how much you care about them. Being attentive to the plan will help in minimising any thoughts to contest the will.
The Bottom Line
Following your passing, one of the last things that you want is for your loved ones to go through any unnecessary stress, especially regarding your will. Additionally, you also do not want them to have to handle a trust dispute. By taking a few precautions, you can help to ensure your will cannot be contested. If it were to be, you know that your beneficiaries will know what support is available to help them with the claim. Knowing that your final wishes will be honoured, can provide you with great peace of mind, especially knowing that those you love will be fine.
