Wills disputes occur when someone challenges your will. Usually, this happens after you die during the probate process. Below is an extract discussing how you can avoid wills disputes once you write your will.
Meet The Legal Requirements
People could dispute the legality of your will if it does not meet your state's requirements. For instance, the will should be signed by two witnesses at the same time. These individuals should see the testator signing the document. Besides, the will should not contain any contradictions. Additionally, it can only provide instructions on the sharing of property owned by the testator. An experienced wills and estates lawyer will ensure that your will meets these preconditions.
How To Avoid Duplicate Wills
There are several reasons why you could have more than one will. It could be that you lost the original will and decided to make a new will. If this is the case, your new will should state that the old will is no longer admissible. When amending your will, make sure that you destroy the old will. Alternatively, you could attach a codicil instead of writing a new will.
Family Provision In The Will
Your dependents could challenge the will on the grounds that it does not provide for them. Avoid this situation by including all your dependents in the will. It includes relatives such as grandchildren that are directly dependent on you. Otherwise, you should have an explanatory letter detailing why you left out a dependent or why you shared your estate unequally.
Trusts prevent your beneficiaries from misusing estate resources or selling property. Trust disputes occur when there is mistrust between the beneficiaries and the trustee. As such, your trusts should have strict conditions to avoid such situations. For example, you should state how proceeds from the trust should be distributed and for how long the estate should be held in trust. For instance, you would want the beneficiaries to control the estate once they meet specific conditions. The trust should have an appointor. This is an individual with the right to dismiss a trustee who does not act in the beneficiaries' best interests. For example, the trustee might misuse estate funds or fail to remit proceeds to the beneficiaries.
Your will could also have a no-contest clause. The clause prevents dependents, beneficiaries and third parties from contesting the will.
Avoid will disputes by ensuring your will meets the legal requirements of your state. Besides, you should not have more than one will. Include an explanation letter to avoid family provision disputes and observe the recommended tips to prevent trust disputes.
To learn more about will disputes, contact a lawyer.