Although it may be tempting to use a pre-printed, fill-in-the-blanks, Last Will and Testament, if it doesn’t comply with your state’s laws it may be contested in probate court. To ensure your wishes are honored, it’s important to create an ironclad Will with an experienced estate attorney.
Who Can Contest A Will in Probate Court?
A Will can be contested when it meets certain grounds under state law. Reasons may include undue influence, a lack of mental capacity or proof of fraud. Individuals who can contest a will include named beneficiaries, disinherited beneficiaries (who were named in a previous Will), or someone who wasn’t named yet is eligible to inherit property like a biological child or spouse. If the person contesting the Will is successful, the court may abide by a previous Will if one exists. If not, your assets will be distributed according to state law.
“If you don’t name an executor, the probate court will appoint one for you.”
The Four Components Of An Ironclad Will
1. Testator’s Information: Verifying the identity of the person creating the Will (the testator) helps ensure no one else is fraudulently creating a Will in another person’s name. Your driver’s license or other official proof of your identity is included in your Will. You may also want to consider including a mental health validation from a physician to prevent someone from claiming you weren’t of sound mind when you created your Will.
2. Declaration of Intent: To provide clarity of purpose, the declaration of intent states that the document is your Last Will and Testament and intended for the distribution of your assets and the naming of guardians for minor children if applicable.
3. Beneficiary Designations: Includes primary beneficiaries explicitly named; residuary beneficiaries who receive what remains of an estate after distributions are made and taxes are paid; and contingency beneficiaries for situations when a primary beneficiary is unable or unwilling to inherit an asset.
4. Appointment of an Executor: Name a person to execute your Will plus an alternate executor if your first choice is unable to serve. If you don’t name an executor, the probate court will appoint one for you.
Include A No-Contest Clause & Other Instructions
If a beneficiary contests your Will in court and loses, a No-Contest Clause states they must give up their inheritance. This helps ensure your wishes are honored and tends to dissuade beneficiaries from challenging your Will. Other instructions you may want to add include funeral arrangements and naming someone to handle digital assets like social media accounts, blogs and websites.
For more information, contact an FRC® trained advisor in your area.
