How to Prevent Family from Contesting Your Will

Bad Apple in Bunch

Are your family members likely to fight each other over the things you leave behind?

Regardless of your answer to that question, let me just say that, you really never know how family will act, especially when money is involved.  And, even if you have a Will, there is always someone who wants to challenge things because they want more; or they want someone else to get less; or they want someone to get nothing at all.

So, what can you do to prevent your heirs from fighting over your Will?

You can put special language in your Will to address this very issue.  It is called a terrorem or no-contest clause.

A terrorem or no-contest clause stipulates that anyone who legally challenges the will loses their bequest.  I.E., whomever challenges the will gets nothing.

Not all states or jurisdictions recognize the validity of these clauses.  If your state does not, then as an alternative, you can put in a mediation clause.

In doing all of your possible precaution to avoid probate, there is no reason to allow potential bad heirs to force others into a probate proceeding.  After all, the Will is Your legal document, and it should stand as you intended it.