Methods to limit will contests

On Behalf of | Mar 7, 2018 | Estate Planning, Firm News |

People find wills to be helpful in denoting their desires in regards to the handling of their affairs once they pass. One of the most important designations of a will is the distribution of assets. 

Some recipients may try to contest the will, which could cause an alteration in the fulfillment of the will holder’s wishes. To prevent this, there are a few methods that testators may use while creating their wills.

Challenger provision

In short, a challenger provision is a clause in the will that decreases the award of anyone who contests the will and is not successful. For those who believe they have solid grounds and can win the contest, this may be a risk worth taking. However, for those who desire to be greedy, the provision can cause them to think twice before filing or may deter them from filing altogether.

Mental evaluation

According to Florida’s will laws, being of sound mind is one of the requirements for creating a will. Therefore, if a contester claims that the testator was not in his or her right mind when creating the will, it could put the entire will in jeopardy. To prevent this, testators may use a few different methods to show their state at the time of signing the will. A simple option is to film the signing. Another option is for the testator to undergo a mental evaluation from a reputable mental health professional. In the case of a contest, the physician can attest to the mental health of the testator.

Consult an attorney

One of the best ways to win a will contest is to prevent it from occurring. A knowledgeable attorney can help to create a solid will that no one would desire to contest. The attorney may also be able to mediate between the testator and family members to address possible concerns before creating the will.

These are a few possible methods to limit will contests. If you are creating or revising your will, take time to consider these options and determine the best one for you.