Despite the relationships that your family members have with each other, it is possible that someone could contest your will. If the will is contested, it could be weeks or months before the executor can settle your estate. To make things easier for your executor and to avoid conflict in your family, here are some ways you can prevent a challenge to your final wishes.

Opt for a Revocable Trust

A revocable trust allows you to transfer ownership of your assets to the trust. A trust is often used to avoid probate, but it can help your executor avoid a potential challenge to a will. 

Once the assets are in the trust, they no longer belong to your estate. Trusts are usually kept private, and that means the beneficiaries to your assets remain private. As a result, family members do not have specific information regarding who inherited what. 

It is more time consuming and expensive to take on a trust, so the chances of a family member challenging it are smaller. However, it is important that you appoint an independent third party who cannot be accused of being biased to oversee the trust. 

Include a No-Contest Clause

If you decide against the trust and opt for a will instead, you can include a no-contest clause in it. The clause basically penalizes the family member who decides to challenge the will. 

For instance, if your sibling contests the will, the no-contest clause would completely shut out the sibling if he or she loses the challenge in court. Even the item you left to him or her would be forfeited and remain the property of the estate. 

Videotape Yourself Reading the Will

Although you cannot leave a videotape as your will, you can use a recording to help avoid challenges. After completing the paper documentation of the will, you can read and record it on video so that your executor can share the video with your family. 

Recording your reading of the will gives you a chance to explain your decisions to your family members. Those who were thinking of contesting the will might rethink their decision if they understand the reasoning for your final decisions. 

Recording the will can also serve as proof that you were not under duress or incapacitated at the time that the will was signed. If a family member uses either argument to dispute the validity of your will, your executor can present the recording as evidence to the court. 

For more information about estate planning, consult a firm such as Lynn Jackson Shultz & Lebrun PC.