How To Make Your Will 'Litigation-Proof'

One of the chief advantages of a will (and other estate planning documents) is the confidence and peace of mind you gain knowing your wishes will be honored. Yet few people realize how easy it can be for family members or disgruntled would-be heirs to challenge your will after your death — especially if it's poorly drafted. Will contests can drain your estate resources and foster bitterness between your loved ones.

To avoid estate disputes, simply creating a will isn't enough. You must create the right will with sufficient safeguards to withstand attack.

Helping Families Avoid Contested Will Lawsuits — It's Why We Are Different
"The time to avoid probate disputes is now, when the will is being drafted. Make sure you have a knowledgeable legal advocate who understands the probate process and how to prevent possible litigation in future years." Attorney John Robshaw

We Take Pride In Drafting Contest-Proof Wills

At Robshaw & Voelkl, PC, we understand the importance of preparing a will that withstands potential challenges and staves off disputes before they can begin. When you work with our attorneys to develop an estate plan, we will take careful measures to ensure that your will is not questioned — for example, by:

  • Videotaping the drafting and signing of the will to establish that you are "of sound mind" and have the legal capacity to create a valid will
  • Including a clause that punishes anyone who tries to subvert the will, leaving a beneficiary who contests his or her inheritance with nothing
  • Drafting clear language to establish that this is your only will, and that any prior versions are no longer valid
  • Using proper means to disinherit people, minimizing the risk that those people will challenge your wishes
  • Riveting rather than stapling the will together to ensure that pages don't go missing
  • Storing a copy, free of charge, in our fireproof vault

One source of vulnerability lies in updating your will. While necessary to reflect your changing wishes and life circumstances, changes to your will can create doubt and confusion if done improperly. You can count on our lawyers to create watertight revisions with each update.

For more information about how to make your will "litigation-proof," contact our firm in Williamsville, New York, at 716-633-4030. Your initial consultation is free.