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.