Think Ahead Of You By Preventing A Contested Will

Do you often think about the time you will depart earthly life? Then you must be thinking about your property and how you will leave them. You may decide that one of your close relatives inherits them after you die and for that reason, you have to make a will. 

You need to be aware that your will can be contested in a probate court due to reasons like not being written and witnessed correctly, mentally unsound at the time of  writing it or because fraud was detected. This is how you can avoid this after you have died:

Notify your family

You need to inform your family and the next of kin of your actions in person. Explain to them the reasons for the terms you have stipulated in your will and ensure that they clearly understand you before all this ends in courts of law.

Get a valuation of your property & include the beneficiaries

You need to clearly work out the value of your estate and include all your desired beneficiaries. Also, include the executors or communicators of your will but first consult them and ensure they understand the circumstances surrounding your writing of the will. 

Keep your will up-to-date

Regularly revise, review and update your will time over time as having an out of date will is calamitous. Do this once every year. Its wording will be contested if it is not easy to understand. Be sure to keep it in a very safe place to prevent unauthorised access to wrong people who might alter its contents.

Record digital proof

You will need to record a video of yourself explaining the will's terms. Keep it with a reliable relative as this can serve as a well-preserved evidence that you clearly understood your will in a probate court.

Mental competency proof

Go to a physician and ask for a signed letter certifying your mental competence before you sign your will. Keep this letter close to your will as it will dispel any claims that you made your will under threat.

Validate with a signature

Clearly validate your will with your personal signature in front of witnesses and any lawyer. After signing it, you must tell the executors and family members where it will be kept.

Insert a no-contest provision in your will

Also called interrorem clause, inserting this provision means that anyone who contests your will risks losing out on his share of inheritance if your will is found out to be valid. Such a written threat will deter potential will disputers.

Doing all the above shows you do not want to leave disagreements or family rifts behind when you die. So it is appropriate that you ensure a smooth allocation of your property to the right inheritors.


Share