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Estate Video - Chistopher Naughton’s Law Journal
Avoiding Will Contests
Embedded File
Christopher Naughton, Esq.
CN8, The Comcast Network
Russell Fishkind, Esq.
Wilentz, Goldman, Spitzer P.A.
Martin M. Shenkman, P.C.
Law Offices of Martin M. Shenkman, P.C.
Avoiding Will Contests
There are a number of methods that you can use to protect your wills and estate effectively. More importantly, by using these methods we are trying to prevent litigation from occurring. Here are some important steps that one can do to avoid litigation in the matter of contested wills and estates:
1. Do everything necessary to avoid issues or problems that could lead someone to contest a will.
- By safeguarding your will, you can prevent anyone from contesting your will and succeeding.
2. Use a drafting technique called the Terrarium Clause or no contest clause.
- If the clause is contested, he or she will not receive the contents of the will directed towards them.
3. Address the issues in the will towards interpersonal relations.
- Those relations might be the motive or reasons to why the will was established.
4. Make sure that during the signing of will you are not under any apparent duress, have a proper mental and physical nature, and have an exact understanding of what you are signing.
- These are the main three reasons for a will contest and anything that can be done to avoid these issues will be beneficial to you or your loved ones in the future.
5. Overlook the stipulations under the will every couple of years.
- Recent changes in family relations can have a tremendous influence on a will.
6. Make sure you are familiar with all existent will’s that have a direct relation with you.
- Knowing this can ensure that you are not burdened by false information about an estate.
The above is a summary of a TV show episode on CN8, The Comcast Network, with host Christopher Naughton, of Chistopher Naughton’s Law Journal in
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