If you have concerns about your will being contested, you can address the matter head-on in your estate planning efforts.

Even if you are not expecting any upheaval when your will is probated, protecting your will from being contested affords the peace of mind that comes from knowing your assets and properties will flow smoothly and according to your wishes upon your passing, with minimal risk of the matter being contested.

The most important step you can take in the process is working closely with an experienced Round Rock estate planning attorney. This is the best way to ensure your will is as enforceable as possible, hopefully preventing future disputes.

Your Last Will and Testament

Your last will and testament represent your directions for how your estate – or the assets and properties that you worked so hard to acquire and maintain – will flow to your named heirs.

Unless your total assets meet the small estate threshold in Texas, which is $75,000 excluding your homestead, your will must be probated for provisions included within to be upheld.

This makes putting considerable effort into creating a legally binding will that shields the transfer of your estate from being contested worth the effort – especially if you are in a situation in which you believe your will may be vulnerable to such efforts.

Executing a Legally Binding Will

When you have professional legal guidance backing you up, you can count on your will being well-protected from litigation when the time comes. It is crucial, however, to have a solid understanding of what makes a will legally binding in Texas, including each of the following requirements:

• Your will must be in writing, which can mean handwritten, typed, or printed.

• If your will is handwritten, it must be only in your hand and must be signed by you, but you are not required to have two witnesses – the way you would be with a typed or printed will.

• You must sign your typed or printed will in the presence of two witnesses – who are also required to sign it.

• Choosing witnesses who are disinterested parties – or who have no stake in your will – is advised.

• Attaching a self-proving affidavit to your will helps to streamline the verification component of probate, which can save both time and money. Your self-proving affidavit requires two disinterested witnesses, and it must be notarized.

Your will should be written in clear and concise language that reflects your wishes and leaves no room for ambiguity. Your dedicated estate planning lawyer will leave no stone unturned in their efforts to accomplish this.

When you have a solid will in place, you can rely on it being far more difficult to contest, which means that your wishes are more likely to be upheld and that your loved ones are less likely to face the rigors of litigation while navigating the grieving process.

The Importance of Employing Legal Counsel

Your will is critical to how your assets will pass to your loved ones upon your death. The goal is to support your wishes, keep the cost of probate down, and minimize stress in the process. A will that is carefully considered to bypass potential issues can afford you the level of security that you are looking for.

When a Family Member Believes They Deserve More

When a loved one passes, it puts the entire family in a vulnerable state, and the emotional turmoil can lead to squabbles and disruption. In fact, some families have a very difficult time coming back from the upset caused by inheritance, and many never do. In other words, the effort you put into safeguarding your will from being contested is well worth it.

You do not want your will to cause a long-lasting or permanent rift in your family, and as such, you should put some thought into the matter. A great place to start is ensuring that you communicate your plans openly and effectively with your loved ones.

If you are considering settling a score with someone via your will, you could be setting your family up for an ugly, difficult situation that you would prefer they avoid.

If, for example, you believe that one of your relatives may be expecting more than they will actually receive, you may want to discuss the matter with them in an open and forthright manner. If this is not a viable option or if you still have concerns, there are additional legal steps you can take.

Work with a Practiced Estate Planning Attorney from the Outset

Family dynamics are nothing if not challenging and unpredictable, and when you layer this with the grief of losing a close family member, things can become very volatile very quickly. The best insurance you can implement against the chaos ensuing is having your will created by a knowledgeable estate planning attorney.

The benefits of doing so include the fact that you can count on your will to reflect your wishes and be a serious deterrent to litigation. The fact that a skilled estate planning lawyer crafted your will sends a strong message, and it says that you put considerable care and attention into the matter and that you intended for it to hold up in court.

If someone does go on to contest your will, they will need a legal professional of their own – who will recognize that your will is legally sound, which makes successfully contesting it far more difficult. Having skilled legal representation when it comes to your estate plans can prevent others from even considering contesting it, which is a primary benefit.

Having an attorney create your will document helps to check all the boxes that are required of a sound will, including each of the following:

• You are accurately identified as the testator – or the person whose will it is.

• You were at least 18 years old and of sound mind when you created your will.

• You had testamentary intent, which means that you intended for the document to guide the succession of your estate.

• No one exerted undue control over you in the creation of your will.

• Your will was not created under duress.

• Your will is authentic, which means that it was not forged and is not otherwise fraudulent.

Your capable estate planning attorney knows the law, and they can serve as an excellent witness for your family in the event that your will is contested in court.

The No-Contest Clause

Including a no-contest clause in your will is specifically designed to discourage beneficiaries from contesting the document’s validity. The gist of a no-contest clause, which is officially called an in terrorem clause, is that any beneficiary who contests your will must forfeit their inheritance.

The goal is to uphold your wishes regarding your estate and avoid lengthy, expensive, and disruptive battles over any disputes that may arise.

Striking a Balance

When you include a no-contest clause in your will, you make it clear that the document is an accurate representation of how you want your assets to be distributed, which can leave little room for argument.

Including a no-contest clause can also come off as a harsh rebuke to anyone who dares to contest your will, which in some instances sets the stage for disputes. In other words, you will need to carefully consider your situation and determine that you are striking the right balance, given the unique circumstances that apply.

When a No-Contest Clause Can Be Invalid or Unenforceable

Some factors can invalidate a no-contest clause or render it unenforceable. Prime examples include the use of overly vague language or the inclusion of terms that are not legal to begin with.

Generally, Texas courts honor no-contest clauses, but there are instances when they are deemed unenforceable – even if the person doing the contesting does not prevail.

Invalidating a no-contest clause unenforceable usually comes down to demonstrating that the person contesting the will did so in good faith, based on fraud, undue influence, or some other reasonable grounds for challenging the legitimacy of the legal document. Regarding the validity of no-contest clauses, the testator’s intention is critical.

The Probate Process

Wills proceed to the probate process, and this is where they are generally contested. During probate, the administration of the estate in relation to pending debts, final taxes, valuations, and the distribution of assets is addressed.

When someone has a reasonable motivation for contesting a will, and they proceed in good faith, the court may consider their arguments – even if there is a no-contest clause. Having a well-considered no-contest clause in place, however, affords considerable protection.

The Laws of Inheritance in Texas

When someone the state expects to inherit receives far less than they would under the inheritance laws in Texas, they may have a stronger case for contesting a will – even if it includes a no-contest clause.

This highlights the fact that the law is not black-and-white when it comes to inheritance, which, in turn, highlights the importance of having trusted legal guidance in your corner.

How Assets Are Distributed if You Do Not Have a Will

If you die intestate, which means dying without a will, your assets will be distributed according to state laws, and while many people think this means that spouses get everything, this is not how things necessarily work in Texas. Instead, inheritance laws in the state break down as follows:

• If you leave children but no spouse, your kids will inherit your entire estate.

• If you leave a spouse but no children, your spouse will inherit your entire estate, which includes your half of the community property – or your half of the assets that you and your spouse acquired during your marriage.

• If you leave your parents but no spouse or children, they will inherit your entire estate.

• If you leave a spouse and parents, your spouse will receive half of the community property, all of your separate property, and half of your separate real estate, while everything else will go to your parents.

• If you leave siblings but no children, spouse, or parents, your siblings will inherit your entire estate.

• If you leave a spouse and share children, your spouse will receive half of the community property as well as a third of your separate assets. They also retain the right – during their lifetime – to continue living in the residence you shared together and to use a third of your remaining separate property. Everything else will go to your children.

• If you leave a spouse and children from another relationship, they will receive a third of your separate assets and the right to use your shared primary home as well as a third of any other separate real estate for life. Everything else, including your half of the community property, will be divided among your children.

Surviving spouses receive homestead rights for life. This means that they retain the right during their lifetimes to continue living in the home they shared with their late spouse, even if it is the decedent’s separate asset.

Considering your will in the context of inheritance laws in Texas can help you avoid issues that could potentially lead to it being contested.

Call an Experienced Round Rock Estate Planning Lawyer for the Help You Need

At the Law Office of Brett H. Pritchard, our clients benefit from a dedicated legal team that includes attorneys with extensive experience in Texas probate and estate planning. Brett Pritchard brings decades of legal leadership and trusted client service to every case, ensuring you receive attentive and knowledgeable support.