How To Draft A Will That Cannot Be Contested
Most people have strong feelings about how they want their property and other affairs handled after they pass away. You may not want to leave a family member any of your property, or you may have reason to believe that an heir will waste their inheritance. In these instances, drafting a will may not be enough to ensure your wishes are respected. You also need to ensure that your will is not contested after you pass away. In Florida, this can be harder than you think. Below, our St. Petersburg wills lawyer explains how to do it.
Florida Law Does Not Allow No Contest Clauses
In the majority of states throughout the country, testators can include a no-contest clause in their will. Under these clauses, heirs can still contest a will. However, if they are unsuccessful, they do not receive any property from the estate. These clauses are meant to deter people from challenging a will because there is so much at stake.
However, Florida law does not recognize no-contest clauses and the courts will not enforce them. This means that if any person with an interest in your estate, such as a beneficiary or heir, does not agree with the contents of your will, they can challenge it in court.
Draft Your Will as Early as Possible
Many people delay drafting a will because they do not want to think about their own death. However, no one knows what the future holds. If you suffer an illness that impacts your mental capacity, this makes it easier for people to challenge your will. Draft your will as early as possible and when it is clear that you are capable of making your own decisions.
Establish a Trust
The grounds for challenging a trust are the same as contesting a will. Challenging a trust, though, is far more challenging and complex. This deters many people from contesting a trust. Establishing a trust will also shield information from the eyes of someone who may want to challenge your wishes.
Ensure the Will is Executed Properly
Properly executed wills are much harder to challenge than those that are not. State law places many requirements on wills. They must be in writing and signed by the testator and two witnesses in the presence of each other. The best way to ensure your will is legally valid is to work with a St. Petersburg wills lawyer.
Tell Your Family About the Contents of the Will
After you have drafted your will, it is important to have a conversation with all of your family members to inform them of its contents. This can make your wishes very clear, give you the opportunity to address any questions or concerns they have, and give your loved ones time to get used to the contents of the will.
Work with a Wills Lawyer in St. Petersburg
The best way to ensure that your will is not contested is to work with a St. Petersburg wills lawyer. At Legacy Protection Lawyers, LLP, our experienced attorneys can ensure your will is properly executed and reflects your wishes so you and your family are protected. Call us now at 727-471-5868 or contact us online to schedule a meeting with one of our attorneys and to get the legal help you need.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html
