What steps can I take to avoid conflicts over my estate?


What Steps Can I Take To Avoid Conflict Over My Estate?

What steps can I take to avoid conflict over my Estate?


Each client’s situation is different so the ways of avoiding conflict are individual. In general, conflicts may be avoided if the beneficiary does not receive a lesser share under the Will than that Beneficiary would receive if there were no Will.

A “no contest” clause, where the contesting beneficiary is “cut out” is not required to be enforced by a Court if a contest is brought and maintained in good faith. The Court’s discretion applies to both Will and Trust contests.

If the beneficiary is not cut out but receives a lesser amount, the potential for conflict may be reduced if the amount provided is sufficient (not $1.00).

If the beneficiary receives assets that are not controlled by the Will (such as insurance), then the beneficiary will benefit but in such a way that the beneficiary is not able to interfere with the administration of the estate.

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