Austin Probate Attorney

Ensuring Your Will is Not Contested

A will is supposed to be a person’s dying wishes. It divides up a person’s assets the way that person sees fit. When a will is contested, those wishes are often not followed. With the proliferation of blended families and multiple marriages, the whole process got a lot messy. It is not uncommon for children of different marriages to battle each other or their step parents. There are a few steps that should be followed to help to ensure that a will is not contested.

These steps include:

• Use a probate attorney for legal advice on the preparation of your will.
• Consider the provisions carefully.
• Fall all required steps in executing the will.
• State early on in the document that you intend the document to be your will.
• Inform the witnesses that the document is your will and get them to sign it accordingly.
• Attach a letter explaining the reasons behind the will or including a clause to dissuade potential challengers.

The proliferation of wills being challenged has many reasons. One of them is that there are a lot more second marriages with second families. Another reason is that families are less close now than they were 50 years ago. This can cause children to dispute what their parents really wanted as no one really knows for sure what the now-deceased parent might have wanted. In addition to issues arising from divorce and remarriage, more complex estates are also more common and complicate the entire process.

If you are in need of a will, a living will, or powers of attorney, the Austin Probate Lawyers of Slater, Kennon & Pugh LLP are here to help. This established successful law firm will help to ensure that your will is drawn up in a manner that minimizes the chances of contestation.