If you are concerned a family member is likely to challenge your estate plan -- possibly because they are unlikely to be included to the extent they may wish -- there are definitely steps you can take.
While you may not be able to keep a disgruntled relative from being upset, you can minimize the possibility they can successfully challenge your estate plan.
Before we get into the details, keep in mind it is fairly uncommon for a person to win a challenge against an estate plan.
Generally speaking, they must prove you were mentally incompetent or were pressured by someone else, and both conditions are difficult to prove.
But that doesn’t mean someone can’t try, and starting a challenge is relatively simple -- which means your estate will have to respond to that challenge.
So, how do you protect yourself?
First, make sure the documents in your estate plan are written using clear, specific language. If your intention is to disinherit a relative, state that fact.
If you wish to include reasons why, feel free to do that, too. By specifying who will not inherit you may avoid claims that an individual was inadvertently forgotten.
Then, make sure witnesses are willing to state you were competent, meaning you were very clear about what you intend, and why.
While you’re at it, make sure those witnesses do not benefit from your estate plan – which is a good idea whenever anyone witnesses a legal document.
Also consider adding a no-contest clause.
A no-contest clause states that your plan clearly reflects your desires and intentions, that you expect your family to honor those intentions, and that anyone who challenges your plan will forfeit the assets they would have been left.
Finally, communicate your intentions, especially to those who may feel left out or somehow slighted.
While those may not be fun conversations to have, that will ensure that no one is surprised -- which means they should be less likely to challenge your decisions once you've passed away.
Above all, your estate plan should reflect your intentions -- so make sure it's crafted to ensure those intentions are carried out, even if a disgruntled family member disagrees with your desires.
