Five Ways to Prevent a Will Contest
When you prepare your will, it contains your desires for the disbursement of your estate after your death. You and your Maryland estate planning attorney spent countless hours developing an estate plan that met all your goals and wishes.
The last thing you want to happen is for an heir to contest your will and change the terms of your will. Worse yet, your will is voided by the court so your estate passes through Maryland’s intestate succession. You cannot prevent someone from contesting your will, but you can take steps to prevent the person from contesting the will from succeeding.
Five Ways to Contest-Proof Your Will
1. Work With A Maryland Estate Planning Attorney
The first step is to work with an experienced attorney who understands probate laws in Maryland. Your attorney ensures that your will and other documents are drafted and executed pursuant to the legal requirements.
Furthermore, your attorney ensures that you have witnesses who can testify that you were of sound mind when you voluntarily signed the will. If needed, your attorney can testify about the hours spent discussing your wishes and that the will is a true and accurate reflection of those discussions.
2. Utilize Trust Agreements
Discuss various trust agreements with your lawyer and how those trusts can help avoid probate. If the probate does not pass through your probate estate, contesting your will does not give the person any benefit. The person would need to contest the trust, which is much more difficult because it is a binding contract. As long as the trust is drafted and executed correctly, it should withstand any contest.
3. Avoid Questions Of Testamentary Capacity
If you believe a family member or heir may contest the will based on your lack of mental capacity to execute the will, cut that off with medical evidence of your mental state. Obtain letters from two doctors who examined you before you signed the will to certify that you were of “sound mind” when executing the will.
4. Beware Of Potential Problems Caused By Disinheriting Family Members
While you may believe strong grounds exist for disinheriting a problematic child or estranged spouse, doing so could create significant problems for your personal representative and other surviving family members. You should consider the likelihood that a disinherited family member will challenge the validity of your will, and seek legal advice before taking such a step. For example, under Maryland’s elective share formula, a surviving spouse may elect to receive up to one-half of the cash value of your total estate (not just probate estate) in lieu of what you instructed in your will to be left to your spouse.
5. Include A Letter Of Instruction
If you anticipate there could be an issue with some terms of your will, include a letter of instruction with your will. The letter is not legally binding, but you can use it to convey your wishes that the terms of your will are not contested. You may explain a particular decision or clear up a misunderstanding you hesitated to address while living. Your attorney can advise if a letter of instruction is sufficient or if you need to take other steps to prevent a will contest.
Contact Our Maryland Estate Planning Attorney For More Information
If you have questions about wills and estate planning, contact our Maryland estate planning attorney. Now is an excellent time to review your estate plan and make updates as necessary to avoid problems with your estate after your death.
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