Tips on How to Prevent Someone From Contesting Your Will in Virginia

People rarely write a Will expecting that their family, friends, or anyone else will be contesting it after they pass away. After all, a person’s Will is meant to be their final wishes, and to think others will attempt to challenge those wishes or be fighting over them is an unsettling thought.

Unfortunately, however, contesting a Will has become more commonplace in Virginia and across the country. This may be because more people are writing their own Wills, using do-it-yourself Will kits, rather than hiring a professional to assist them. It may also be because people have become savvier about Wills and their rights and options concerning them.

Whatever the reason, there are now more challenges and contests of Wills than ever before. Therefore, it is more important than ever before to ensure that your Will:

1. Says exactly what you want it to say;
2. Has been written correctly;
3. Is not vague or open to interpretation; and
4. Has been witnessed properly.

In other words, you must ensure that your Will does not contain the slightest error or any doubt as to its meaning or your mental stability at the time it was written. Otherwise, it could be declared invalid if it is contested, and the legacy you leave behind may be distributed in a manner contrary to what you want.

Here are a few tips to help you prevent someone from contesting your Will in Virginia:

Have an Attorney Draft Your Will

The best way to make sure that everything with your Will is as it should be is to employ a professional to help you write it in the first place. Having an attorney help draft your Will can ensure that it meets the requirements for a valid Will in Virginia.

Don’t Put Off Writing Your Will

Make sure that you prepare your Will while you have the mental capacity to do so. The best time to start preparing your Will and other estate planning documents is now. Putting off estate planning will also put you at risk of forgetting some key considerations.

Consider Adding a No-Contest Clause to Your Will

A no-contest clause states that anyone challenging or filing a lawsuit against another for which your estate will provide shall inherit nothing from your estate. A no-contest clause can be a powerful deterrent against Will contests.

Keep Your Will in a Safe Location

After you have executed your Will, keep it in a safe or safe deposit box. Probate requires the original Will. If you lose your Will, you will need to execute a new one so that you have an original on file. If no original Will can be found after your death, the presumption by the court will be that you revoked your Will.

Let Your Family Know That You Have a Will, But Be Discreet

Someone needs to know the location of your Will, and how to access it if something were to happen to you. Who you tell about your Will, and whether or not you choose to disclose its contents to them is a personal choice. But, to avoid inadvertently invoking a Will contest, it’s best to be discreet and only talk about important details of your estate plans with your lawyer.

Review Your Will Regularly and Update as Needed

We recommend checking in with your estate planning attorney every three to five years to learn if there are changes in the law that might require your Will to be updated. You should also check with your attorney about updating your Will whenever you or your family has experienced any major life event, such as a birth, death, divorce, or marriage.

Consider a Revocable Living Trust

Your Will must be probated before it can settle your estate and distribute your remaining assets. Probate is a public process that will render the contents of your Will open to public scrutiny.

On the other hand, a revocable living trust is regarded as a private estate planning document, which can only be accessed by its owner. Using a revocable living trust, rather than a Will, as the foundation of your estate plan can protect it from the prying eyes of individuals who may have vested interests.

Consult with an Experienced Virginia Probate and Estate Planning Attorney

For more information about how you can prevent someone from contesting your Will in Virginia, and ensure that your estate is distributed in the manner you wish after you pass away, consult with an experienced Virginia estate planning attorney from our law firm. Call us today at (703) 553-2577 or use the contact form to schedule a consultation.

The information on this site is for general informational purposes only. The information presented in this site is not legal advice or a legal opinion. You should seek the advice of legal counsel of your choice before acting upon any of the information in this site.