- no contest provision - if beneficiary contests the will, beneficiary gets nothing (enforceable in CA, interpreted strictly, can get anticipatory judgement to see if the no contest provision would be triggered)
- do not explain reasons for gift - if you do, someone can say it is not true
- do not talk to beneficiaries in will
- use a holographic will ask backup
- document all transactions
- select good witnesses
- videotape the will execution ceremony
- preserve the prior will - have tons of identical wills because then someone would have to fight every single one
- avoid extremes
- avoid non-probate transfers
- make a significant inter-vivos gift to the person you think will contest the will on the same day the will is executed
- buy the person off that is likely to contest the will - have them sign a contract
- anti-mortum probate - get will declared valid while testator alive (only available in 2 states)
- family settlement arrangement - such as mediation, ADR
Will contests can take a long time - up to 20 years sometimes
|