There are many factors that go into estate planning. From creating a will to adding in a health-care power of attorney and more, it’s hard to understand what you may need to include within your estate plan. That’s why our lawyers are here to help you with this important matter. Over the course of the past few blogs, we’ve been talking about things to include it within your estate plan. Today, we are going to talk about a no-contest clause.
No-Contest Clause | Probate Lawyer Cary NC
A no-contest clause will essentially prevent air from being able to challenge your wishes. Unfortunately, there are things in our lives that can cause us to become estranged from our airs. This means that we may not include them in our last will and testament for one reason or another. This can also come into play if your beneficiary is not happy with the things you’ve left them. A no-contest factor of the will can help in the case that you need to deal with these possible issues.
Without a no-contest clause, you may find the following to be an issue:
- Someone challenging the will may think the person writing the will was influenced by someone seeking to benefit from it.
- The elderly, even if they are of sound mind, can be vulnerable and trusting, especially when it is a family member suggesting changes to the will. This is called “undue influence.”
- Undue Influence closely related to fraud and forgery because it creates the same problem – someone else had input into the will other than the person creating it.
- People who are trusting and think the influencer is looking out for his or her best interests will make changes and sign documents thinking they are doing the right thing.
- Undue influence, forgery and fraud are often all cited together when someone challenges a will because they are closely related.
If there is a second, newer will, the original can be invalid. When someone is knowingly creating a new will, it is often advised to state in the new will that it should void the previous will. It is important to date the will for this reason so that it is obvious which is the most recent. States vary on how they handle multiple wills, but a lawyer can check on those laws and advise on the best way to approach it. To learn more about this and how you should approach it contact our probate lawyer in Cary NC today.
Klish and Eldreth PLLC | Probate Lawyer in Cary NC
If you don’t have an estate plan in place or haven’t reviewed yours in several years, now might be the best time to start. Our probate lawyer in Cary NC is here to help you get your estate planning in order and ready should you pass in an untimely manner or become incapacitated at some point. It’s better to be safe than sorry when it comes to an estate plan. Contact our office.
As always, feel free to contact us at our office to schedule a consultation with if you are looking for a lawyer to represent you in other legal matters. We are here to assist you with small business needs, trademarking, copyrighting and DWI issues.