How To Avoid A Will Contest

Most people know that drafting a will is an important step when trying to ensure their loved ones are provided for in the event that they pass away. Still, simply drafting a will is not always sufficient. At times, people such as creditors, family members, and creditors can contest, or challenge, a will if they do not agree with the terms or they believe that the document is fraudulent. A successful will contest can undo all of the hard work you did when trying to plan for you and your family. Below, our Daytona Beach will drafting lawyer explains how to avoid a contest.

No Contest Clauses in Wills are Not Enforceable in Florida 

In the majority of other states, there is an easy way for people to ensure that their will is not contested after they pass away. This is the no-contest clause. A no-contest clause can be written into a will and if someone unsuccessfully challenges a will, they cannot receive any property from the estate. While this may not automatically avoid a will contest, it does deter people from contesting a will and ensures they have a very strong case before they file. No-contest clauses are not recognized in Florida, though, so this is not an option.

Draft Your Will Early 

Drafting your will early can help avoid a will contest. This is due to the fact that many will contests are based on the fact that the testator, the person drafting the will, was not of sound mind when they wrote the document. Essentially, this would mean that you did not mean to draft the will as it is written. If you can draft a will early, before there is any diagnosis about your mental state, it will make it much more difficult for anyone to contest the will.

Meet All Legal Requirements 

As in all other states, there are very specific legal requirements placed on wills. These are as follows:

• Wills must be in writing.
• Wills must be signed by the testator at the end of the document, or by someone with the authority to work on the testator’s behalf.
• Wills must be signed by two witnesses in the presence of each other and the testator.

Draft a Trust 

Trusts are legal tools that can also be used to distribute property to beneficiaries. While people can contest a trust just as they can contest a will, it is much more difficult. Trusts are also not subject to the probate process and so, your beneficiaries can receive the property within a trust sooner than if it had to go through probate first.

Our Will Drafting Lawyer in Daytona Beach Can Help Your Family Avoid Contests 

The best way to avoid a will contest is to work with a Daytona Beach will drafting lawyer. At Bundza & Rodriguez, our experienced attorney can draft your will and ensure it is executed properly so it is not contested. Call us now at 386-252-5170 or contact us online to schedule a consultation and to get the legal advice you need.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html