Making a Will That Is Contest-Proof

A will serves as your final directive, outlining how your assets should be distributed after your death. It prevents your estate from falling under the application of state intestacy laws, which can cause undesirable results. Unfortunately, wills are sometimes contested by heirs or other interested parties. Common grounds include mental incompetency, fraud, undue influence; forgery and improper execution or attestation. 

Creating a will that is resistant to legal challenges is essential to ensuring your final wishes are honored and your loved ones are spared the burden of contentious court battles. Here are positive steps that help to make a will contest-proof:

1. Be explicit about the document’s intent — A valid will should clearly state that it is your “last will and testament” and that it revokes all previous wills. This declaration ensures that only your most recent directives will be followed and helps eliminate confusion over the existence of multiple documents.
2. Make the will clear in its terms — Every bequest should be spelled out in plain, unmistakable terms. The will should address alternative scenarios, such as what happens if a beneficiary predeceases you or is unable to inherit. Vague or ambiguous language can lead to disagreements and potential challenges. 
3. Include a no-contest clause — Also known as an “in terrorem” clause, a no-contest clause states that any beneficiary who disputes the will stands to lose whatever inheritance they were originally set to receive. In Michigan, such a provision is enforceable only as to challenges made without probable cause. However, when drafted properly, the clause places the burden on challengers to establish probable cause for every claim raised. This is itself can serve as a deterrent to lodging a contest.
4. Be sure the will is properly executed — In Michigan, as is most states, a will must be signed in the presence of at least two disinterested witnesses, that is, individuals who are not named as will beneficiaries. These witnesses must also sign in each other’s presence and confirm that they witnessed the will creator signing the will. Meeting these requirements reduces the risk of claims involving forgery, coercion or confusion about the document’s authenticity.
5. Obtain the guidance of counsel — An experienced Michigan wills attorney can ensure your will complies with state law and can draft precise language to structure bequests so that they make your intentions clear and so they cannot be validly challenged on their terms. 

By taking these proactive steps, you can dramatically reduce the likelihood of your will being successfully contested and so help to preserve your legacy and to protect your beneficiaries.

At Otlewski & Maloney, P.C.  in Rochester Hills, we draft effective wills for clients throughout Michigan. Call us at 248-759-5641 or contact us online to set up an appointment.