Avoiding a will contest starts when you create or update your estate plan at a time when it is clear that you are able to make informed decisions and understand all of the consequences of these decisions. If you’re not totally sure what you want to do, don’t use this an excuse. Making an estate plan that meets 90% of your goals is better than no plan at all. Avoiding a will contest is all about recognizing the problem and addressing it sooner rather than later. This can be a powerful deterrent to someone who is receiving what they perceive to be less than their fair share of your estate—OK, go ahead and file a will contest, but if you lose then you will get absolutely nothing. But be careful in relying on this type of clause because, in some states, including Florida, they are unenforceable. In other states, there are exceptions that can render the clause useless. This really isn’t the best course of action. Instead, consider letting your loved ones know exactly what you’ve done and your reasons why. While complete secrecy will breed contempt, keeping your loved ones informed will eliminate any big surprises. What you choose to do should be based on what you think will prevent a will contest in your particular situation after consulting with your estate planning attorney. Aside from this, revocable living trusts are “living” documents that cover all phases of your life—while you’re alive and well or not so well and then after you die. Wills are “dead” documents that only go into effect after you die. Also, consider establishing discretionary lifetime trusts for problem beneficiaries who you fear will just squander their inheritance. Lifetime trusts can be made flexible and used to encourage a beneficiary to achieve all sorts of personal and financial goals. A consistent pattern of sitting down with your estate planning attorney once a year to review your estate plan sends a powerful message to your loved ones. If they know you have been attentive of the plan it will help to stave off any thoughts of a will contest, particularly if you don’t make any significant changes or systematically make changes that reflect your ever-changing family and financial situations.
