Could Checklists Help Prevent Will Contests?

May 4, 2015

Although you won’t be around to witness it, a Will dispute can be extremely frustrating for your family members. To the extent that you can, it’s a wise idea to set yourself up for success by limiting the opportunities for a Will contest to emerge.

Using a checklist is a good way to increase the chances that the Will considers all possible options and is developed with the end in mind. If these details are adhered to, there is a reduced chance that your Will could be contested down the road. Will contests tend drag out in court, causing unnecessary costs and increasing tension between family members. By taking care now, you stand to help your family members avoid this and be able to focus on grieving. canstockphoto24437377

Your accurate Will checklist should be reviewed each time that you update the document. It’s a good idea to review your Will at least annually in the event that things have changed since your last version. Make sure that each time you generate a new version you have verified the existence of:

  • A witness name
  • The date the Will was signed
  • The time that the Will was signed
  • The names and addresses of all people present for the signing of the Will
  • The location where the Will was signed
  • Any necessary elements for testamentary capacity

The testamentary capacity can vary state to state, but generally requires some acknowledgement that the individual making the Will understand the assets he or she has, the process of making a Will, who his or her family members are, and how the Will is to distribute his or her property. Contact us at info@lawesq.net for further details.


Practice Areas:



Schedule your free Exploratory phone call

Click here to see how we
can be of assistance.

Careers/Open Positions

Explore all available job
listings and become a part of an amazing team.

Payment Portal
for Tax and Accounting invoice

This link offers a secure, quick way to complete your payment with Omni360 Advisors LLC.

Our Social Media

Connect with us on Social Media using the following buttons:

Visit our Podcasts

Listen in, Join the Conversation!

Recent Posts

How Grandparents Can Leverage SECURE 2.0 & OBBBA to Build Multigenerational Wealth with Confidence

Explore advanced multigenerational planning strategies for grandparents under SECURE 2.0 and the One Big Beautiful Bill Act (OBBBA). Learn how to use 529 plans, dynasty trusts, SLATs, and ...

<p>The post How Grandparents Can Leverage SECURE 2.0 & OBBBA to Build Multigenerational Wealth with Confidence first appeared on Integrated Tax Planning, Legal Planning & Financial Planning.</p>

Unlocking NJ Property Tax Relief: What Seniors and Homeowners Need to Know

Discover how New Jersey residents can benefit from the Senior Freeze, ANCHOR, and Stay NJ programs. Learn eligibility criteria, application steps, and how the PAS-1 ...

<p>The post Unlocking NJ Property Tax Relief: What Seniors and Homeowners Need to Know first appeared on Integrated Tax Planning, Legal Planning & Financial Planning.</p>

Life Insurance & Estate Planning After the Big Beautiful Tax Act: Key Strategies for High-Net-Worth Families

Discover how the Big Beautiful Tax Act changes life insurance, trusts, and estate planning for affluent families. Learn practical strategies to protect wealth and adapt ...

<p>The post Life Insurance & Estate Planning After the Big Beautiful Tax Act: Key Strategies for High-Net-Worth Families first appeared on Integrated Tax Planning, Legal Planning & Financial Planning.</p>