Minimizing the Risk of a Will Contest in Indiana

Drafting a Last Will and Testament is a deeply personal and significant step toward ensuring your wishes are carried out after your death. A Will allows you to decide who inherits your property, who oversees your estate, and how your affairs are handled. Even a carefully drafted Will, however, can face legal challenges which can cause delays, family strife, and substantial financial loss. While no one can prevent a contest with absolute certainty, there are practical measures you can take to reduce the likelihood of litigation and protect the integrity of your estate plan. With that in mind, the Indianapolis attorneys at Frank & Kraft discuss steps you can take to minimize the risk of a Will contest in Indiana.

• Communicate with Loved Ones: Open communication can help prevent surprises that often lead to conflict. While the conversation may feel uncomfortable, explaining your estate plan to your beneficiaries, especially if you are making nontraditional decisions, can reduce confusion and resentment later. When people understand your reasoning, they are less likely to assume undue influence or question your mental capacity.
• Store Your Documents Securely: Keeping the original version of your Will in a secure but accessible place is essential. If the original cannot be located after your death, it may raise doubts or delay probate. Use a fireproof safe or a secure location known to your Executor. Indiana also permits filing the Will with the local probate court for safekeeping, which can provide added peace of mind.
• Use a Revocable Living Trust: A revocable living trust provides privacy and helps avoid probate altogether, which significantly limits the opportunity for a contest. Assets in a trust are distributed outside the court system, reducing the risk of legal intervention. Trusts also allow for ongoing management of your estate while you are alive, reinforcing the deliberate and consistent nature of your planning.
• Ensure Testamentary Capacity: Allegations of diminished capacity are a common basis for contesting a Will. To guard against such claims, take steps to verify your mental soundness at the time you sign. A physician’s letter confirming your cognitive health, a dated journal entry, or a video made before or during the signing can help demonstrate that you fully understood your actions. Your attorney’s contemporaneous notes are also helpful evidence.
• Work with a Skilled Indiana Attorney: The legal standards for a valid Will in Indiana are specific and must be followed precisely. An attorney familiar with Indiana probate law will ensure that your Will is executed properly and that all required formalities, such as witness signatures, are met. Your lawyer can also help structure your plan to reduce potential triggers for disputes and document your wishes clearly.
• Align All Estate Planning Documents: Inconsistencies across your estate plan can invite legal scrutiny. For instance, if your Will leaves an asset to one person but your life insurance policy names another, that contradiction may be used as a basis for challenging your intent. Conduct a full review of beneficiary designations, powers of attorney, and health care directives to ensure they align with your Will.
• Add a No-Contest Clause: A no-contest clause, or in terrorem clause, can discourage legal challenges by stating that any beneficiary who contests the Will forfeits their inheritance if they lose. Indiana courts generally uphold such clauses, provided the challenger does not have probable cause. This provision can be particularly effective when combined with a small inheritance that gives a potential challenger something to lose.
• Keep the Plan Current: Estate plans should reflect your current wishes and family structure. Major events such as marriage, divorce, birth of a child, or a significant financial change should prompt a review. Outdated plans often lead to misunderstandings, especially if they leave out recent family members or fail to revoke prior provisions. Review your plan every few years, even if no major changes have occurred.
• Record a Video Message: Though not legally binding, a video statement made at the time of signing your Will can serve as compelling supporting evidence if a dispute arises. In the recording, you can explain your decisions in your own words and reaffirm your intentions. This is especially useful when your choices deviate from traditional expectations, such as disinheriting a relative or leaving unequal gifts.
• Select the Right Executor: The person you name as Executor will play a critical role in administering your estate. Choose someone who is not only organized and responsible but also impartial and able to manage conflicts. Your Executor should be able to handle pressure and make decisions that honor your wishes while minimizing the chance of disputes.
• Avoid Disinheritance Without Explanation: Leaving a close relative out of your Will, especially a child or spouse, can spark litigation. If disinheritance is necessary, make your intentions unmistakably clear in writing. In some cases, it may be wiser to leave a small inheritance along with a no-contest clause. This gives the individual an incentive to accept your decision rather than fight it in court.

Can We Help You Minimize the Risk of a Will Contest in Indiana?

For more information, please join us for an upcoming FREE seminar. If you would like assistance to minimize the risk of a Will contest in Indiana, contact an experienced Indianapolis estate planning attorney at Frank & Kraft by calling (317) 684-1100 to schedule an appointment.

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