The death of a loved one can be devastating. It is not uncommon for emotions to run high during the grieving period. However, one of the inevitable undertakings following a loved one’s demise is the succession of their estate.
A will is an estate planning tool that allows you to outline how your assets will be distributed when you pass on. However, if a family member is not happy with the provisions of the will, they may contest it.
Of course, you cannot prevent a disgruntled heir from fighting over your will. However, taking these steps can minimize the possibility of your will being contested.
Observe the legal requirements
An invalid will can (and shall) be contested. For your will to be valid in Nevada, it must be written and signed by yourself (the testator) in the presence of two witnesses among other requirements. Your will can be successfully contested if it does not meet these statutory requirements.
Look out for undue influence
If you believe someone is mounting undue pressure on you while creating the will, be sure to seek help from a disinterested party like your legal representative. And if you are concerned that someone will unjustifiably claim that you created your will under duress, then you need to take appropriate steps to address the matter. For instance, you can ensure that your designated beneficiaries are not involved in the will creation process.
Add a no-contest clause in your will
You have the right to distribute your assets as you so wish. Meaning, you can leave one child with more assets than the others. Of course, some beneficiaries may find this unfair and explore the option of challenging the provision. However, you can prevent this by including a no-contest clause in your will.
A will articulates what you would love to happen to your assets when you pass on. Find out how you can create and protect your will from protracted contestation.