How to Make Your Will More Watertight
Writing a valid will is a great way to ensure that your possessions are distributed according to your last wishes. However, there is always the chance that your will may be contested in the probate court once it has been read and executed. It is, therefore, important that you build a coat of armour to prevent this; that is, to minimise the likelihood of your will being successfully contested. Read on below to find out the safeguards you can put in place to help avoid will disputes:
Make sure to update your will.
As time passes by, family situations can change, and so can your wealth. A will that is written many years before its execution will most likely not accurately represent the true intentions of a testator (one who passes on leaving a valid will), or match the expectations of beneficiaries (those who stand to benefit from the execution of the will) — and that's when disputes are likely to arise.
To safeguard against this, you should make sure your will is up to date and reflects your current wishes pertaining to family situation and wealth.
Inform your family know your plans.
As mentioned earlier, people tend to challenge a will when they feel that the document does not reflect their expectations. To avoid this, it is important that you talk things out with your family so you can inform them about your plans and listen their concerns. Discuss your plans, and if need be, adjust your planning to reduce the likelihood of a will dispute after your death.
While it may be impossible to talk out the differences between you and your family entirely, your willingness to give ear to the concerns of those you intend to include in your will can go a long way to reduce the possibility of a challenge to the will.
Get a capacity report.
It is also a good idea to ask a general physician for a capacity report that indicates you have the testamentary capacity to write a will. This will help thwart attempts to challenge your will on grounds that you lacked the mental capacity required to make a valid will.
To find out more ways to discourage family members and other people from contesting your will, you should talk to a wills and estate lawyer. They will listen to your situation and help make your will less prone to dispute.