Avoiding Probate Fights

Physician's Money Digest, July31 2004, Volume 11, Issue 14

The majority of wills sail through the probate process with few problems.Many estate planners point out, however, that treating heirs unequally, whateveryour reasons, is an invitation to contest the will in court. One tactic that can foila potential challenger is to draft several consecutive wills with minor changes. Ifthe most recent will is successfully challenged, the court turns to the will thatwas drafted immediately before. Faced with layers of wills that basically arealike, a challenger may give up rather than continue the fight. Another strategyis to add a no-contest provision to your will aimed at an heir who is being treatedunequally. Awarding a substantial sum that will be forfeited if the will is contestedcan forestall a court challenge.