A will guides the probate court in distributing a person’s assets. While it is a legal document, parties can contest it if they disagree with the choices or believe a mistake was made. Fortunately, you can avoid these potential challenges by understanding when they arise. Along with getting the help of a will attorney, here’s how to create an airtight document.

When Can a Will Be Contested?

After a person passes away, their attorney can file a probate petition with the court. They’ll submit the will and request that the estate distribution process begins. At this point, there’s a waiting period. It allows unlisted or unknown creditors and contestants of the will to come forward and make a claim. If there are any challengers, they must file an official contest with the court, accompanied by a reasoning.

Simply disagreeing with a person’s wishes isn’t a valid reason for the court to consider a challenge. Instead, the claim must involve acceptable grounds. Failures during the will execution process are common justifications, such as an unsigned document or lack of witnesses. Any questions about a person’s mental capacity or intentional fraud from a caregiver also qualify. 

How Can You Prevent a Contest?

The probate court only accepts plausible concerns, so you should create a will that can easily stand up to contests. This measure will guarantee your wishes are properly followed. Working with a will attorney will ensure every precaution gets taken, as they have full insight into potential points of challenge.

For example, in Ohio, you must sign a written will before two witnesses. As such, an industry professional can ensure the document is completed and verified with neutral third parties present.

Open communication with loved ones can prevent any misunderstandings. Speak with them after finalizing the will and explain the reasoning behind distribution choices. Such a conversation prevents them from being surprised during probate and allows them to ask questions and raise concerns. Furthermore, filming a video providing an overview of the decisions can help reinforce the document details. It also showcases to the court that your selections were made while competent and without outside influence. 

Protect your wishes with assistance from Dennis P. Faller, Attorney at Law in Wapakoneta, OH. This local will attorney has over 40 years of experience providing dependable guidance and representation through the estate planning process for residents across Auglaize County. Find out how the firm can assist you today by visiting their website or calling (419) 738-4578.