When drafting your will, you expect it to go into effect when it goes to probate. But this may not be the case. If your will is contested, it may take time before your beneficiaries receive their inheritances, which is not what you wished for. Luckily, you can prevent this from happening.
Here is how you can do this.
Include a no-contest clause
With this provision, you prohibit beneficiaries from challenging your will, and should one do it, they may be deprived of their inheritance. However, while this document is beneficial, you should ensure your will is top-notch because, at times, a will contest may be valid.
Have a mental capacity assessment
Your will can be contested under the ground of lack of testamentary capacity. Thus, to prevent this, it will help to have a mental capacity assessment conducted by a psychologist or psychiatrist. Note that you need to complete such an assessment every time you update your will.
Even though this tip may be complex, a report from an appropriate physician stating you are mentally competent is strong.
Video record the will signing
A video recording of the will signing can also protect your estate plan from being contested. The video will show you were in the required mental capacity and had witnesses. It can be hard to challenge a will whose signing process can be seen.
Nonetheless, it can be difficult to disprove undue influence with a video recording. Thus, it may help to have an attorney present and be comfortable and confident in front of the camera.
These tips can help you protect your will from a contest as can getting legal guidance when making it.
