What is the safest option left to a person to make sure that his will is not contested?

Question

A person( issueless and with no wife) wants to write a will wherein he gives 60% of his assets to a charitable organization, but does not want his relatives to pounce on his wealth and create an obstacle in executing his will by the executors.

Answer 1

Gopi Ji firstly thanks a lot inviting me to give my point of view to this question. Secondly as I read this question the latest judgment of the Supreme Court of India comes in my mind regarding the issue of will of the father being challenged by the real son as according to this will the father had devolved all his estate to his nephew & niece (his sisters siblings) with whom he stayed for last few years of his life & had made this will seven years before his death. He had not given any part of his estate to his son in this will & the son challenged it in the court where it took many years when finally it was decided by the Supreme Court. The Supreme court held this will as valid & executable in favor of the beneficiary nephew & niece of the deceased against the son as this son had thrown out the cancer ailing father from his house & never took care of him where as these two not only brought him home but took full medical care of him till his death. This will was made seven years before his death & he never wanted to change it in favor of his son during that period, considering all these points the case was decided. Now why I have discussed this case here is because what I want to tell you is that any will which is made in favor of any one else then the real closest relatives is definitely be challenged what may come. Just see what happened in Birla Family & how the will in favor of Lodha is being challenged in the court, I need not go in details with regard to that case. In this case what I feel the best way out is to devolve the 60% assets to the charitable organization now itself rather creating any sort of legal dispute to be solved after the death. A person who is issueless & without wife doesn't need big amount for his survival till his end. The question if this amount of assets is now given to the charitable organization now & if need comes who will take care of this person. Very simple, let this person find some organization that is taking care of destitute old age people & running some old home for this purpose where all the needs of the old aged people are taken care of including the medical care. Let such organization be handed over the 60% assets of the person with a condition that this organization will look after him & all his needs including medical care till his death as well arrange for his funeral after his death. Whatever the amount they get from this person will be their, to be used for their charitable work for future. This way the question of any challenge coming after the death with regard to this portion of his assets will not be there. As far rest of his assets of this person can be devolved by way of will to his other relatives as he wish & inform them about this will with regard to this portion of his asset & need not tell any thing about the asset which he has already given to the charitable organization as I have discussed here. I have purposely not discussed the making of some charitable trust for this portion of property as not only the chances of legal dispute with regard to trust & trustees will always be there but even misappropriation for their personal benefits this fund of money by the trustees will also be there. All this legal aspect/documents with regard to such transfer of property & testamentary documents can be prepared by a lawyer as per this person's instructions.

Answer 2

It seems that your primary concern is the 60% gift to a charitable organization and the ire that may raise from relatives. I agree that placing those assets into a charitable trust is a great and secure way to go. However, it is essential to select a trustworthy Trustee and Successor Trustee. Another route you may choose is to include a "no-contest" clause, also called an in terrorem clause, in any will you create.

The no contest clause is designed to terrorize a would-be contestor of the will into thinking twice about facing the threat of getting just a dollar rather than the sum they had been left.

In drafting a no contest clause, it is important not to entirely disinherit someone or to give them a bequest that is not something that they are afraid to lose. If someone is entirely disinherited, then they risk nothing by contesting the will. If they are successful, they may be able to have the will nullified in whole or in part.

Answer 3

If the will is made and signed in the presense of an Attorney and kept in Attorneys's custody it may not be contested.Still some person can contest that it is not the original will or produce a fake will of a later date.The last will only prevail.

Answer 4

Leave his assets in trust. No will, no probate. An attorney who specializes in estates and trusts can advise on the specifics but that is the best way to avoid probate and greedy relatives.

Answer 5

There is only one way to insure, guarantee and make impossible there is no contest to a will....and that is not to die.

The only other option is to place a no-contest provision in the will so that if one does contest the instrument they give up inheritance rights. That is done often.

Answer 6

He cannot prevent anyone from contesting his Will. Have an attorney draw it up and have the attorney keep a copy of the will until after the person dies.

Answer 7

Any will can be contested no matter what you do!