You may intend on drafting a Will in which your family members will be treated unequally. For example, maybe you have two children and you have decided that you want to leave seventy percent to your daughter and thirty percent to your son. Because your son is being left a smaller share, he may be motivated to contest the Will. Even if his contest is likely to fail, a Will contest can be time consuming and expensive and can cause or exacerbate animosity among family members.
An attorney with experience in trusts and estates will know what red flags may give rise to a Will contest and will take the proper measures to avoid them. The involvement of an attorney may also provide credibility to your estate plan, reducing the likelihood of a contest. Your attorney may also suggest the inclusion of a no-contest provision. If the no-contest clause, also known as an in terrorem clause, is properly drafted, your son’s Will contest would result in him losing his inheritance entirely.
If you are concerned about the potential of a Will contest, contact an attorney with knowledge in this area to discuss what measures you can take to avoid it.