5 Ways to Create a Bulletproof Will, According to USA Today
USA Today’s article highlights several considerations to ensure that your will is “bulletproof”. Some of their suggestions are more helpful than others. We further analyze which suggestions are needed and which are less likely to be helpful to you.
1. Insert a no-contest clause
Yes! A no-contest clause prevents disgruntled heirs or relatives from dragging the beneficiaries of your estate plan into court. The clause typically states that if somebody challenges the will they will be determined to have pre-deceased the will creator and, as a result, not receive anything even if their contest is successful. Additional rules apply to no-contest clauses but almost without exception Hassell and Hyatt includes no-contest clauses in all of our estate planning documents.
2. Reinforce your wishes verbally
This suggestion is something of a double-edged sword. The article suggests that telling your relatives of your wishes in advance can work to lessen resentment or create suspicions of accidental omission or undue influence. Animosity of omitted heirs is often unavoidable and is best addressed on a case-by-case basis. An experienced estate planning attorney can discuss your particular familial landscape and provide some thoughts on how to best maintain relationships, and these thoughts may include not discussing your estate plan with omitted heirs.
As for accidental omission and undue influence, these are legal issues and any concerns that testators or heirs have in regard to these issues can be avoided by certain measures used by an experienced estate planning attorney. At Hassell and Hyatt, the only person(s) allowed to attend meetings in which estate planning documents are signed are the testator(s). During this meeting, an attorney will confirm that the estate planning documents express their wishes and allow the attorney to later testify under oath, if necessary, that undue influence was not a factor.
3. Have a doctor verify your mental health
This probably is not necessary in California. Technically speaking, the legal capacity to create a will is a very low threshold. An experienced attorney will be able to surmise as to a client’s competency while meeting with that client. If the attorney has any hesitations, they can advise the client as to their concerns and discuss if a medical evaluation necessary.
4. Ditch the laptop and get a lawyer
Lawyers have a love-hate relationship online estate planning services. Why? We love that these services often create work for us but we hate the costs and headache they cause our clients. Online planning often create far more costs from subsequent legal battles than what would be spent by working with an attorney to create a suitable estate plan in the first place. Additionally, the online document may not pass legal muster and end up being entirely VOID. Do yourself a favor and contact an experienced estate planning attorney.
5. Create a living trust instead
This is also a great idea. The benefits of a living trust are an entirely different article but, for most clients, a living trust is going to be a more suitable estate planning vehicle than just a will.
All in all, USA Today has some good points to at least consider. However, an experienced estate planning attorney can be invaluable in determining which of these points are more important based on your specific situation.
Hassell and Hyatt offers free consultations to review your needs can help you prepare your customized estate plan. Call (916) 900-6206 to get your free consultation.
