How To Avoid Will Contests When Drafting A Will

Most people have strong feelings about how they want their affairs handled after they pass away. For example, you may feel as though one of your family members should not receive any property upon your death. Or, you may have reason to believe that one of your beneficiaries will not spend their inheritance wisely.

Although you can draft a will to ensure your wishes are fulfilled, that is not always enough. You must also ensure that the document will not be contested in the future. Below, our Daytona Beach will drafting lawyer outlines some tips that can help.

Draft Your Will Before You Become Incapacitated 

Many people contest a will on the grounds that the testator, the person who created the will, was not in the proper state of mind at the time. Challenging based on undue influence or lack of mental capacity means that you did not mean what the will states. Drafting your will early while you clearly still have the mental capacity can help you avoid this. It is particularly important to draft a will before you receive a medical diagnosis of incapacity.

Establish a Trust 

Like wills, trusts can also be challenged. However, it is much more difficult and requires more time and resources from the person challenging the trust’s terms. The terms of a trust are also confidential, unlike the details outlined in the will, which can help avoid a contest.

Ensure the Will is Executed Properly 

It is important to work with a Daytona Beach will drafting lawyer when writing your will. Florida law places strict requirements on wills and if these are not met, it can result in a will contest. All wills in Florida must comply with the following:

• Must be in writing
• The testator must sign the end of the document
• The testator must sign the will in the presence of two witnesses
• The witnesses must sign the document in the presence of each other and the testator

Regularly Review the Will 

Reviewing your will every three to five years can ensure that it is up to date and help avoid a will contest. There may have been changes in your family that require changes to your will. Even if you do not make any changes, your lawyer will make a note that you have recently reviewed the document and that it still reflects your final wishes.

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

At Bundza & Rodriguez, our Daytona Beach will drafting lawyer knows how important it is to protect your wishes from future contests made by disgruntled heirs. We can review the facts of your case, ensure your will is executed properly, and advise on the strategies that will help avoid any contests in the future. If you are thinking about drafting a will, call us now at 386-252-5170 or chat with us online to schedule a consultation with our experienced attorney and to learn more about how we can help with your case.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0736/0736ContentsIndex.html