4 Tips to Avoid a Will or Trust Contest

Disputes over the provisions in your will or trust can derail your final wishes, quickly diminish your financial legacy, and cause lasting rifts among your loved ones. Fortunately, with thoughtful planning, you can help your family avoid unnecessary and painful conflict.

If you're concerned that someone might challenge your estate plan, here are some key strategies to consider. 

Avoid Do-It-Yourself Estate Planning

If you're worried a family member may contest your estate plan, the worst thing you can do is attempt to draft or revise it on your own. Only a qualified estate planning attorney can ensure that your plan is legally sound, properly structured to minimize the risk of legal challenges, and capable of carrying out your wishes as intended.

Communicate With Your Family

In estate planning, secrecy often breeds suspicion. While you don't have to disclose every detail, it's wise to let your family know that you've created a plan and identified someone to step in if you're ever unable to manage your affairs. If you're comfortable sharing more, consider arranging a family meeting with your estate planning attorney. This allows you to explain your decisions, address concerns, and reduce the risk of misunderstandings. Open communication helps create clarity, trust, and peace of mind for everyone involved.

Consider a Discretionary Trust for High-Risk Beneficiaries

You may feel that you cannot leave a loved one an inheritance because of concerns that they will squander it, use it in a manner that clashes with your beliefs, or spend it in a way that is detrimental to their well-being. However, there is an alternative to outright disinheriting someone. For example, you can require that the problematic beneficiary’s share be held in a lifetime discretionary trust and name a neutral third party, such as a bank or trust company, as trustee. This will ensure that the beneficiary will receive their inheritance according to the terms and conditions you have dictated while keeping the money out of the hands of unintended parties, such as creditors or an ex-spouse. 

You will also be able to control who will inherit the balance of the trust if the beneficiary dies before the funds are completely distributed. If you want fewer instructions or restrictions on your loved one’s inheritance, you can place it in a trust and leave instructions for distributions to be made at specific ages or upon attaining certain milestones. You can customize when and how they receive their inheritance. There is no requirement that your beneficiary receive their inheritance outright.

Keep Your Estate Plan Current

Your estate plan should evolve as your life does. Changes in family dynamics, finances, or personal wishes may require updates to ensure your plan still reflects your goals. Keeping your documents current not only ensures your intentions are honored but also signals to others that you’ve put careful thought into your decisions, making legal challenges less likely to succeed.

Work With Trusted Professionals

By following these steps, you can reduce the risk of conflict and increase the chances that your wishes will be carried out smoothly. If you’re concerned that someone may challenge your will or trust, don’t wait. Reach out to our experienced team today, and let’s talk. We’re here to help you create a plan that protects your legacy and supports your loved ones.