For better or worse, your last will and testament could be a point of contention among heirs after you’re gone. If they don’t agree with the terms, a beneficiary could contest the document. Doing so could lead to conflict and irreversible damage to familial bonds. To avoid disputes when distributing your estate, follow the strategies outlined here.  

3 Tips to Prevent Disputes Over Your Will

1. Avoid Probate

Disputes often arise during the probate process, which is when the validity of the will can be challenged. You can arrange your estate so assets are transferred directly to specified beneficiaries, thus preventing your heirs from challenging your wishes in probate court.

For example, you can name a beneficiary on your retirement account. They’ll have access to the funds when you die. If you jointly own property, include a “right of survivorship.” This way, your portion of the property will transfer directly to the other owner. Assets in a revocable living trust are also automatically transferred to heirs.

2. Use Clear Language

Wills left open to interpretation are often challenged. This is the case when only first names or nicknames of beneficiaries are included.

Failing to include descriptions of assets can also lead to fights over the inheritance. To avoid confusion, use the first and last names of each beneficiary and thoroughly describe the assets they’ll receive.

Make revisions to the document when necessary, as it will ensure the court follows instructions outlined in the most recent version when you pass away. To avoid validity concerns, sign and date the document in front of two witnesses. 

3. Assign Power of Attorney

Probate litigation also arises from claims a person wasn’t competent when they created or made revisions to their will. That’s why you should hire a power of attorney. They’ll act in your stead if you’re unable to make decisions regarding your estate, including the handling of property and finances.

For legal guidance creating your will, contact the attorneys at Estep & Estep in Tazewell, TN. With a history in the community that dates to 1953, the law firm handles personal injury claims, real estate matters, estate planning, and additional law services to help clients throughout Claiborne County. For a consultation, call (423) 626-3525. Learn more about the firm online.