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COVID-19 Update: We are working and here to help. The probate courts are open and we are continuing to file cases. Please email Attorney Nicole Morris at [email protected] if you have questions. Stay safe, we will get through this stronger together.

3 tips to avoid a contested will

On Behalf of | Jan 9, 2023 | blog, Estate Planning

The point of a will is to ensure that the administrator of your estate carries out your wishes after you die. Not wanting someone to attempt to invalidate your will is understandable.

Some people attempt to avoid will contests by including no-contest clauses. However, these clauses are not enforceable in Florida. There are strategies you can employ to reduce the chance of a contested will.

1. Get a professional to prepare your will

Do-it-yourself solutions may be cheap, but could leave your will open to contest. If you decide to prepare your will yourself, it may be a good idea to have a professional review it.

2. Have a psychiatrist or psychologist confirm your state of mind

Alleging that a person was not mentally capable of legally executing a will at the time they wrote it is common grounds for a contest. Having a mental health professional create a medical record of your mental state at the time you create your will can reduce the chance of this type of challenge being successful.

3. Explain your decisions to your heirs

Disputes amongst heirs who feel slighted or who question inheritances going to people or organizations outside of the family are another common reason for a contest. If you are leaving more to one heir than another or leaving something to someone outside the family, explain your reasons to your heirs.

Will contests can drag out the process of distributing your estate and cause significant family drama. These tips can help you reduce the chance of someone contesting your will when you die.

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