A will is a legal document that lets you direct how your assets are to be managed and distributed upon your death. A carefully crafted will ensures that your final wishes are respected, avoids conflicts among heirs possibly reduces costs that can diminish your estate. However, if your will is contested by heirs or other interested parties, there can be lengthy and expensive legal battles.

The key to making a will contest-proof is to anticipate and deflect possible grounds for challenge. These are preventive measures you can take:

1. Declare the nature of the document — State that the document is your last will and testament and that it revokes all prior wills. This declaration helps avoid conflicts that could arise from the existence of earlier wills or codicils.

2. Write it with clarity and detail — The will should be explicit and unambiguous in its terms, with no contradictory provisions. It should also address potential contingencies, such as what happens if a beneficiary predeceases you or is legally unable to inherit. Addressing these issues in advance can prevent gaps that might lead to contests.

3. Include a no-contest clause — This provision, also known as an “in terrorem” clause, stipulates that any beneficiary who challenges your will forfeits their right to any property bequeathed to them. Under Indiana Code § 30-4-2.1-3, a no-contest clause in a will is enforceable according to its express terms except in specific circumstances, one of which is that the challenger is found by the court to have good cause for the contest. Good cause means reasonable grounds, such as fraud, undue influence, coercion, duress, mistake or lack of testamentary capacity. However, the burden is on the challenger to prove such grounds, which can be a strong deterrent.

4. Properly execute the will — To be legally valid, your will must be signed in the presence of at least two disinterested witnesses, who must also an attestation in your presence and that of each other. The witnesses should not be beneficiaries of the will, as this could potentially bias their testimony regarding your mental state and understanding of the will’s contents.

5. Engage a skilled attorney — An experienced estate planning attorney can ensure that the will is drafted clearly, reflects your true intentions and complies with state law.

By following these steps, the likelihood of a will being contested can be greatly reduced. This not only ensures that your final wishes are respected but also protects the beneficiaries from the emotional and financial burdens of legal disputes. 

Rubino, Ruman, Crosmer & Polen in Dyer assists clients with will preparation throughout Lake, Porter and Tippecanoe counties in Northwest Indiana. Call us at 219-227-4631 or contact us online to schedule a free consultation.