With the aging population and the increasing transfer of wealth, estate litigation is becoming more common. One particularly important form of litigation is the contestation of a will. If you want to ensure that your will is executed faithfully, it’s important to understand contestation.
Forms of Contestation
Only a small percentage of wills are contested, but there are nonetheless many ways in which this can occur. For instance, the will may be outdated and trumped by another will or its signing may have lacked the appropriate witnesses. Perhaps most commonly, however, is contestation on the grounds that the author lacked “testamentary capacity”. In other words, they were not of sound mind, whether due to dementia, being under the influence of a substance, or for other reasons. “Undue influence” is another common claim, which would assert that the author was being manipulated by another individual to draft the will in a certain way.
The No-Contest Clause
There are many ways to help prevent or curtail the likelihood of a contestation, but one key example is the no-contest clause. This dictates that any beneficiary who contests the will is no longer entitled to their inheritance. However, it’s important to tread carefully. If, for instance, the clause is written in a way that can be legally perceived as a threat, it can be rendered invalid. A “gift over” clause, meanwhile, dictates that a beneficiary’s inheritance will be gifted to someone else if they raise a dispute. Ensuring the validity of these clauses is not always easy, often being case-by-case and influenced by a number of circumstances.
Using the Right Tools
When working to solidify the legal strength of your will and prevent disputes, your best strategy is to work with a reputable team of estate planning experts. We always strive to utilize the most up-to-date legal precedents and ensure that the wishes of the testator will be met without contestation. There are many legal factors at play, from the precise wording of the will and its clauses to the ways in which the courts in your particular region are prone to determine their validity. It’s our highest priority to establish a detailed understanding of these circumstances and how they interact your needs and wishes. This is what makes a truly well-crafted will.
The Calgary estate planning specialists at MacMillan are here to give you the utmost peace of mind. From the language of your last will to the tax efficiency of your legacy, we can thoroughly and comprehensively strengthen your estate plan. Call 1 (833) 266-6464 to get started today.
