1232 Blue Ridge Blvd, Hoover, AL 35226

Nolan Elder Law and Estate Planning, LLC Blog

Monday, October 17, 2016

Protect Your Assets: Make Your Will Bulletproof

How can I prevent challenges to my will after my death?

When you create a will setting out your final wishes, you hope that those wishes will be honored to the fullest extent.  Unfortunately, wills are sometimes challenged by dissatisfied relatives or friends. There are steps you can take to prevent any questioning of your will after your death, including the following:

  1. Incorporate a no-contest clause:  Consider including a no-contest clause in your will, which will discourage people from disputing it.  Under a no-contest clause, any beneficiary to the will who challenges it and loses will forfeit what would have been bequeathed to them.  While this will not prevent those left out of the will from challenging it, it will likely make beneficiaries reconsider taking legal action. 
  2. Tell others your wishes:  Keeping your last wishes from your loved ones may lead to shock or confusion, which could spur a legal challenge.  Talk about your wishes while you are alive so that no one is blindsided.  This gives others time to come to terms with your wishes and allows you to explain your choices.
  3. Hire a lawyer:  Relying on wills created over the internet can be risky.  Wills must comply with stringent state specific rules.  If you do not have the requisite witnesses or notarization as set out in your state, your will could be rendered invalid.  Retain an experienced attorney who will help you to craft a strong and valid will.
  4. Have a doctor verify your mental state:  For a will to be valid, the maker must be of sound mind.  Older clients could face challenges to their will on the basis of their mental capacity.  To avoid this possibility, it may be wise to have your doctor provide a statement as to your mental capacity at the time of the making of the will. 

A comprehensive will is an important part of many estate plans.  For help with your will and estate plan, contact the Alabama estate planning lawyers at Nolan Elder Law and Estate Planning, LLC.  Our firm is passionate about ensuring seniors and other individuals across Alabama receive the quality legal services they need.  Our services go beyond just wills; we make house calls for seniors, assist in important housing decisions, and much more.  Contact us today at (205) 202-1956 to schedule your consultation.  

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