Creating an estate plan is one of the most important steps you can take to ensure your legacy is preserved and your loved ones are cared for after you’re gone. However, even the most well-intentioned estate plans can be vulnerable to disputes if not carefully crafted and communicated. Will and trust contests—legal challenges that question the validity of these documents—can lead to costly and emotionally taxing battles among heirs. Fortunately, there are proactive strategies you can implement to minimize the likelihood of conflict.

Here are several practical tips for avoiding a will or trust contest:

1. Work with an Experienced Estate Planning Attorney

One of the most effective ways to avoid legal challenges is to work with a qualified estate planning attorney. DIY wills or templates from the internet often lack the nuance and legal specificity required to hold up in court. A skilled attorney will ensure your documents are properly drafted, executed, and aligned with state laws—dramatically reducing the chances of a successful contest.

2. Communicate Your Intentions

While it’s not always comfortable to discuss end-of-life decisions with family, clear communication can go a long way in preventing misunderstandings and disputes. Let your loved ones know the broad strokes of your plan, especially if you’re making choices that could be perceived as unusual or controversial (e.g., unequal distributions among children). When beneficiaries understand your reasoning, they’re less likely to contest your decisions.

3. Include a No-Contest Clause

Many states allow you to include a “no-contest” clause in your will or trust. This provision states that if a beneficiary challenges the document and loses, they forfeit their inheritance. While not foolproof, this can be a strong deterrent for those who might otherwise consider a legal challenge.

4. Document Your Mental Capacity

One common ground for contesting a will or trust is to claim the creator lacked the mental capacity to make sound decisions. To guard against this, especially if you’re elderly or in declining health, consider obtaining a letter from your physician stating that you are of sound mind. You might also video record the signing process to show you were acting of your own volition and fully understood the contents of the document.

5. Avoid Undue Influence

Another frequent basis for contesting an estate plan is “undue influence”—the claim that someone pressured or manipulated you into making certain decisions. To help prevent this, ensure that your attorney is independent and that the person receiving the most from your estate isn’t present during your legal meetings or document signing. It’s also wise to keep a written record of your reasons for major decisions.

6. Regularly Review and Update Your Plan

Life changes, and so should your estate plan. Regularly reviewing and updating your documents ensures they reflect your current wishes and family dynamics. Outdated plans that include deceased individuals, ex-spouses, or forgotten beneficiaries are more likely to be contested. An up-to-date plan signals clear intent and strengthens your legal position.

7. Choose a Neutral Trustee or Executor

Family members may be tempted to challenge your plan if they perceive the executor or trustee is biased or acting unfairly. Appointing a neutral third party—such as a professional fiduciary or trust company—can minimize potential conflicts and help ensure your wishes are carried out impartially.

Final Thoughts

While no estate plan is completely immune to challenges, thoughtful planning and open communication significantly reduce the risk of a contest. By working with an experienced attorney and taking proactive steps, you can help ensure your wishes are honored and that your legacy provides peace, not conflict.

If you’re ready to create or review your estate plan, our team at Davis Schilken, PC is here to help. Contact us today to schedule a no obligation consultation and gain confidence in the future of your estate (303)670-9855.