When you pass, you hope that your family will honor the wishes set down in your estate plan. However, an interested party can challenge the provisions in your will.
Florida does not allow no-contest clauses, which means there is no financial penalty for challenging a will. This makes it even more essential that you create a solid estate plan. These tips can help you create a contest-proof will.
Understand the grounds for challenging a will
In Florida, there are three primary grounds to contest a will. Wills with execution issues are the easiest to invalidate. These problems could stem from improperly signing the document or failing to have the required number of witnesses.
Additionally, an interested party could argue that you were under undue influence by someone else when creating or changing your will. Finally, a court may invalidate your will if you lacked the mental capacity to make or amend this document.
Take measures to create a contest-proof estate plan
You can take steps to strengthen your will and ensure that it can withstand a legal challenge. These steps include:
- Follow all technical requirements regarding signatures and witnesses
- Create your will while you are healthy to prevent claims of lack of capacity
- Review your estate plans on regular basis to guarantee compliance with the law
- Set expectations with your family and beneficiaries about your end-of-life plans
If you are still concerned about challenges to your will, you may have other alternatives, such as setting up a trust, to protect your final wishes. Make sure to explore all estate plan options to ensure you provide for your loved ones after your pass.