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How to avoid having your will contested

When planning your will, you must have in mind all of the possible scenarios that could result after your death. You cannot take it for granted that your wishes will be blindly accepted and welcomed among all family members and loved ones.

There may be tensions, resentment and bitterness. This might manifest itself in one of the beneficiaries taking legal action to contest your will.

Following is a brief overview of the steps that you can take now in order to safeguard your will and avoid a contest of it after your death.

Make sure that you create a no contest clause

If you have written a no contest clause into your will, it will make it impossible for anyone who contests it to later receive any money from your estate. This will ensure that if someone does decide to contest your will, they are likely doing it for the right reasons and not for personal gain.

Keep updating your estate plan when necessary

Estate plans should not be written and forgotten about. They should be periodically updated to match current circumstances, and they should evolve with your life situation and finances. Those who do not update their will are usually subject to contest because family members have reason to believe that the will did not reflect the person’s last wishes.

Take action now, not later

Too many people procrastinate on their will and leave the finalization until it’s too late. If you are planning to write or update your will, it is advisable to speak to an experienced Arizona estate planning attorney.

Source: The Balance, “Tips for avoiding a will contest,” Julie Barber, accessed Sep. 23, 2017


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