Disputes over the provisions in a will or trust can undermine your final wishes, rapidly deplete your financial legacy, and cause significant discord among your loved ones.

However, with experienced counsel who can take on the meticulous planning, you can help your family avoid potentially disastrous conflicts. If you are concerned about challenges to your estate plan, consider the following strategies:

Engage Professional Legal Assistance
If you are apprehensive about a loved one contesting your estate plan, it is imperative to avoid do-it-yourself solutions. Only an experienced estate planning attorney can assist you in creating and maintaining an estate plan that will deter lawsuits, ensure your wishes are carried out, and guarantee all legal formalities are adhered to.

Communicate Your Estate Plan to Family Members
Secrecy in estate planning can breed contempt. While it is not necessary to disclose all the intimate details of your estate plan to family members, you should inform them that you have established a plan outlining your final wishes and whom they should contact if you become incapacitated or pass away. If you wish for your family to know the key details of your plan, consider holding a family meeting with an estate planning attorney. This transparency can help prevent misunderstandings, reduce the risk of disputes, and provide an opportunity for your loved ones to ask questions in a supportive environment. By addressing potential concerns in advance, you can foster clarity, alignment, and a smoother transition when the time comes.

Utilize Discretionary Trusts for Problematic Beneficiaries
If you are concerned that a loved one may squander their inheritance, use it in a manner that conflicts with your beliefs, or spend it in a way that is harmful to them, consider using a discretionary trust. For example, you can require that the problematic beneficiary’s share be held in a lifetime discretionary trust and appoint a neutral third party, such as a bank or trust company, as trustee. This ensures that the beneficiary receives their inheritance according to the terms and conditions you have dictated while keeping the funds out of the hands of unintended parties, such as creditors or an ex-spouse. You will also be able to control who will inherit the balance of the trust if the beneficiary dies before the funds are completely distributed. If you prefer fewer instructions or restrictions on your loved one’s inheritance, you can place it in a trust and leave instructions for distributions to be made at specific ages or upon attaining certain milestones. This allows you to customize when and how they receive their inheritance, without requiring that the beneficiary receive their inheritance outright.

Keep Your Estate Plan Current
Estate planning is not a one-time transaction; it is an ongoing process. You should update your estate plan as your circumstances change. An up-to-date estate plan demonstrates that you have taken the time to review and revise your plan as your family and financial situations evolve. This, in turn, will discourage challenges since your plan will reflect your current estate planning goals.

Davis Law Group Can Help

By following these four strategies, you can make your loved ones less likely to challenge your estate planning decisions and more inclined to fulfill your final wishes. If you are concerned about loved ones contesting your will or trust, contact us today to set up an appointment with one of our experienced estate planning attorneys who can help give you and your family peace of mind.