A will is a legal document that states a person’s final directions concerning the distribution of his or her assets upon death. The purpose of a will is to ensure that the assets are distributed according to the decedent’s wishes, rather than state intestacy laws, and to avoid disputes among surviving relatives and other beneficiaries.

However, the validity of a will can be contested on several grounds, leading to potentially lengthy and costly legal disputes when the will is probated. Common grounds for contesting a will include the testator’s lack of mental competency; presence of fraud or undue influence; forgery; improper execution or attestation; and supersedure by a later will. The best way to make a will contest-proof is to address these potential sources of challenges at the onset. during the will’s drafting and execution.

Here are effective positive actions that can be taken to make will contests unsuccessful:

• State the nature of the document — A will must explicitly state that it is the testator's last will and testament and that it evokes all prior wills. This declaration helps prevent confusion and disputes over multiple existing wills, ensuring that only the most recent one is considered valid.

• Make sure the will is clear in its terms — The will should be written clearly and unambiguously. It should address all potential contingencies, such as the death of a beneficiary before the testator or a beneficiary's inability to take possession of their estate share. By covering these scenarios, the will can prevent disputes and confusion among the remaining beneficiaries.

• Include a no-contest clause — Also known as an “in terrorem” clause, this provision stipulates that any beneficiary who challenges the will forfeits their right to the property bequeathed to them. Under Tennessee Code § 35-15-1014, such a clause is enforceable only if the challenger lacks probable cause for their contest. However, if the clause is precisely drafted, a challenger will have to establish probable cause for every claim raised. If just one claim fails to meet that standard, the challenger might forfeit all their rights under the will.
  Note that an heir who is completely disinherited in the will has nothing to lose by challenging it, thus rendering the no-contest clause ineffective. But if the challenger stands to inherit even a small amount, the clause can be a strong deterrent against contesting the will. 

• Properly execute the will — A will must be signed by the testator in the presence of at least two disinterested witnesses (i.e., individuals who are not beneficiaries under the will). The witnesses must sign the will in the presence of each other and of the testator and attest in writing that they observed the testator sign the will and were informed of its nature. Proper execution helps safeguard against claims of forgery or that the testator was unaware of the will's significance.

• Consult an experienced attorney — A wills and estates attorney can ensure that the will is drafted clearly and in accordance with the testator's intentions, and that it complies with state laws. Legal expertise is invaluable in devising strategies that minimize the risk of future contests.

By taking these steps, you can significantly reduce the likelihood of your will being contested. A well-prepared will provides peace of mind, knowing your legacy will be honored according to your wishes.

At Parham Estate Law in Memphis, I draft effective wills for clients in Tennessee, Mississippi and Arkansas. Call me at 901-602-3361 or contact me online to schedule a consultation.