Can Wills be Challenged? A Comprehensive Guide to Protecting Your Estate Plan

Creating a will is one of the most important steps you can take when planning for the future. A will outlines your wishes for how your assets will be distributed after you pass away, providing peace of mind that your loved ones will be taken care of. However, it’s important to understand that a will can be challenged in certain circumstances. Will challenges can be a complex legal process that can disrupt your estate plan and create uncertainty for your beneficiaries.

I’m Estate Planning Attorney Paul Margerie. At my practice, Margerie Law, we specialize in helping individuals protect their assets, minimize taxes, and create comprehensive estate plans that include strong and stable wills. In this blog post, we will explore the topic of will challenges, how to minimize the risk of challenges, and how to protect your estate plan.

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The Legal Basis for Challenging a Will

A will is a legal document that outlines how your assets will be distributed after your death. However, in certain circumstances, a will can be challenged. The legal basis for challenging a will is typically based on one of these four grounds:

Lack of Testamentary Capacity

A will is only valid if it’s created by someone who has the necessary mental capacity to do so. Lack of testamentary capacity occurs when a person does not have the mental capacity required to make a will. For example, if an individual had a cognitive impairment or was under the influence of drugs or alcohol that affected their ability to make sound decisions when creating the will.

Undue Influence

This occurs when someone pressures or coerces an individual into creating or changing their will in a way that benefits the influencer. For example, when a caregiver pressures an elderly individual to include them in their will as a beneficiary.

Fraud

This occurs when someone creates a fake will or alters a genuine will. For example, when a family member creates a new will and forges the deceased’s signature after their death to receive a larger piece of the estate.

Improper Execution

This occurs when a will is not properly executed. For example, when a will is not signed or witnessed according to legal requirements.

Reducing the Risk of Will Challenges

To reduce the risk of your will being challenged under one of the four grounds above, it’s important to ensure that your will is executed properly and meets all legal requirements. Additionally, you should also take the following steps:

• Seek Professional Advice: Consulting an experienced estate planning lawyer is crucial to ensure your estate plan, including your will, is legally valid and sound. A lawyer with experience drafting sound legal wills can help you understand the legal requirements and provide strategies that can help reduce the risk of challenges.
• Communicate with Your Loved Ones: Discussing your estate plan with your loved ones can help ensure everyone is informed of your intentions. This can also prevent any misunderstandings or questions about your wishes.
• Consider a Trust: Placing your assets in a trust can help ensure they’re distributed according to your wishes and can be helpful in preventing challenges.
• Update Your Will Regularly: Keeping your will up to date with your wishes is important in avoiding challenges. It’s recommended to review your estate plan every few years or after any significant life events, such as the birth of a child or the acquisition of property.

Protecting Your Estate Plan

While challenges to a will can be challenging, it’s important to know that you have options to minimize the risk of challenges and protect your estate plan. For example, you can include a “no-contest” clause in your will, which disinherits any beneficiary who challenges the will. Additionally, consulting with an experienced estate planning lawyer can help ensure your estate plan is legally valid and can be used as evidence to support your wishes.

While it’s impossible to completely eliminate the risk of a will challenge, implementing the above measures can certainly help minimize the risk of legal disputes and make sure your estate plan is in good standing. And working with an estate planning lawyer who brings a lot of knowledge to the table never hurts. Margerie Law is a trusted estate planning law firm serving individuals in greater Milwaukee and virtually across Wisconsin. We specialize in helping individuals create comprehensive estate plans that protect their assets and minimize taxes. We are dedicated to providing personalized service to our clients and taking the time to understand their unique needs. We offer a range of services, including creating wills, trusts, power of attorneys, and healthcare directives. With our expertise and guidance, we ensure that our clients have a sound and effective estate plan that provides peace of mind. Contact us today to schedule a consultation and learn how Margerie Law can help you plan for the future.

By Paul Margerie, Owner of Margerie Law

Paul Margerie of Margerie Law is a knowledgeable and experienced estate planning attorney based in Wauwatosa, WI. With years of experience helping families and individuals with their estate plans, he offers a gentle touch that puts his clients at ease. He understands the sensitive nature of this work and ensures that all details are taken care of with precision and accuracy. He strives to help each client achieve peace of mind that their future is protected by providing personalized advice and creating tailor-made solutions that fit their individual needs.