If you were to ask any estate planning attorney the most commonly stated goal of their clients, the answer will usually be “I want things to be easy for my family.” It is an understandable goal, and one that an estate plan can usually help achieve. However, fighting over provisions in your will or trust can derail your final wishes, rapidly deplete your financial legacy, and tear your loved ones apart. However, with proper planning, you can help your family avoid potentially disastrous fighting. If you are concerned about challenges to your estate plan, also known as a contest, consider the following:

Tip 1: Do Not Attempt “Do-it-Yourself” Solutions

If you are concerned about a loved one bringing a contest to your estate plan, the last thing you want to do is attempt to write or update your will or trust on your own. Only an experienced estate planning attorney can help you create and maintain an estate plan that will discourage lawsuits, carry out your wishes, and ensure all legal formalities are followed.

Tip 2: Keep Your Family Members Informed

When it comes to estate planning, secrecy breeds contempt. While it is not necessary to let your family members know all the intimate details of your estate plan, you should let them know that you have taken the time to create a plan that spells out your final wishes and whom they should contact if you become unable to manage your affairs or die. It can be common for family members to have questions or for you to want people to be informed. Most estate planning attorneys will offer a family meeting, which can cover the big picture of your plan and the roles people are to play in that plan.

A family meeting is a proactive way to ensure that your desired family members understand your estate plan and the decisions you have made. This transparency can help prevent misunderstandings, reduce the risk of disputes, and provide an opportunity for your loved ones to ask questions in a supportive environment. By addressing potential concerns in advance, you can foster clarity, alignment, and a smoother transition when the time comes. Moreover, a family meeting can help avoid confusion and misinformation that might lead to an estate plan contest.

Tip 3: Use Discretionary Trusts for Problematic Beneficiaries

You may feel that you cannot leave a loved one an inheritance because of concerns that they will squander it, use it in a manner that clashes with your beliefs or spend it in a way that is harmful to them. However, there is an alternative to disinheriting someone. For example, you can require that the problematic beneficiary’s share be held in a trust for their benefit and name a neutral third party, such as a bank or trust company, as trustee. This will ensure that the beneficiary will receive their inheritance according to the terms and conditions you have dictated, while keeping the money out of the hands of unintended parties, such as creditors or an ex-spouse. You will also be able to control who will inherit the balance of the trust if the beneficiary dies before the funds are completely distributed.  You can customize when and how they receive their inheritance. There is no requirement that your beneficiary receive their inheritance outright.

Tip 4: Keep Your Estate Plan Up to Date

Estate planning is not a one-time transaction—it is an ongoing process. You should update your estate plan as your circumstances change. An up-to-date estate plan shows that you have taken the time to review and revise your plan as your family and financial situations change. This, in turn, will discourage challenges since your plan will encompass your current estate planning goals. Many estate planning attorneys and financial advisors will recommend reviewing, and even updating, your estate plan every three-five years, in order to ensure your plan is keeping up with changing laws and it is reflecting the current state of your life and your assets.

Following these four tips will make your loved ones less likely to challenge your estate planning decisions and more inclined to fulfill your final wishes. If you are concerned about loved ones brining an estate plan contest, please contact us as soon as possible. Nielsen Law PLLC provides family-focused estate and business planning to individuals and families in Austin, Round Rock, Cedar Park, and the Central Texas area. For more information, and to learn about our firm, please contact us. We look forward to working with you.