Fighting over provisions in your will or trust can derail your final wishes, rapidly deplete your financial legacy, and tear your loved ones apart. In blended families with second marriages, joint children, and children from prior relationships, these conflicts can be harrowing and complex. However, with proper planning, you can help your family avoid a will or trust contest and a potentially disastrous fight.
If you are concerned about challenges to your estate plan, particularly in a blended family situation, consider the following to avoid a will or trust contest:
If you are concerned about a loved one contesting your estate plan, the last thing you want to do is attempt to write or update your will or trust on your own. Only an experienced estate planning attorney can help you create and maintain an estate plan that will discourage lawsuits, carry out your wishes, and ensure all legal formalities are followed to avoid a will or trust contest.
Example: Robert remarried after his first wife passed away. He has two adult children from his first marriage and one teenage stepchild from his new wife Maria's previous marriage. Robert decided to use an online will template to divide his assets equally between his biological children and leave his house to Maria. After his passing, his biological children contested the will, claiming Maria had undue influence over Robert. The DIY will lacked proper execution witnesses and contained ambiguous language, making it vulnerable to challenge. A professionally drafted estate plan could have included proper legal protections, explicit language, and perhaps trusts that would have prevented the family conflict.
When it comes to estate planning, secrecy breeds contempt. While it is not necessary to let your family members know all the intimate details of your estate plan, you should let them know that you have taken the time to create a plan that spells out your final wishes and whom they should contact if you become unable to manage your affairs or die to avoid misunderstandings that could lead to a will contest.
Example: Jennifer and David each brought two children to their marriage and later had a child together. Rather than avoiding difficult conversations, they held a family meeting with their estate planning attorney to explain how they structured their estate plan to avoid any will or trust contest. They outlined how certain family heirlooms would go to specific children based on family history, how educational trusts were established for their youngest child who was still in school, and how the family vacation home would be shared. By explaining their reasoning and allowing questions in a moderated environment, they defused potential resentments and misunderstandings before they could take root.
You may feel that you cannot leave a loved one an inheritance because of concerns that they will squander it, use it in a manner that clashes with your beliefs or spend it in a way that is harmful to them. In blended families, there are concerns about ensuring your current spouse is cared for while preserving assets for children from previous relationships. Establishing the proper trust structures can help avoid a trust contest and ensure your wishes are fulfilled.
Example: Michael has a son from his first marriage who struggles with addiction issues. He also wants to ensure his second wife, Lisa, is financially secure for her lifetime while guaranteeing his assets will eventually pass to his son and not to Lisa's family from her first marriage. Michael established a QTIP (Qualified Terminable Interest Property) trust that provides income to Lisa for her lifetime, with a professional trustee who can use the principal for Lisa's health and maintenance. Upon Lisa's death, the remaining assets flow into a discretionary trust for his son, with distributions managed by a trustee with experience in addiction recovery support. The trust includes provisions for funding treatment programs and makes distributions contingent on maintaining sobriety, verified through regular testing. This arrangement ensures everyone is protected and assets aren't squandered or diverted away from intended beneficiaries.
Estate planning is not a one-time transaction—it is an ongoing process. You should update your estate plan as your circumstances change, which is particularly important in blended families where relationships evolve over time to avoid future will or trust contests.
Example: Carlos and Elena married later in life, each with adult children from previous marriages. They created an estate plan that reflected their new family structure. Still, over time, Elena developed a particularly close relationship with Carlos's daughter, who moved nearby and helped care for Elena during a serious illness. Carlos and Elena updated their estate plan to include a specific bequest to acknowledge this relationship that had developed over the years. They also adjusted their plan when Carlos's son had twins, creating educational trusts for these grandchildren. By regularly reviewing and updating their plan to reflect evolving family dynamics, they ensured their estate plan continued to reflect their current wishes and relationships, reducing the likelihood of hurt feelings or disputes.
For blended families, a marriage contract can work with your estate plan to clearly outline what happens to assets brought into the marriage and how inheritance rights will work, helping avoid a will or trust contest.
Example: Before Sarah and Thomas married, they signed a prenuptial agreement that clearly identified each person's separate property and specified that certain family assets (Sarah's family business and Thomas's family vacation property) would remain separate and passed to their respective children from previous marriages. This agreement became a foundation for their estate plan, providing clarity about their intentions from the beginning of their relationship and preventing potential conflicts between stepsiblings after either parent's death.
Following these five tips will make your loved ones less likely to challenge your estate planning decisions and more inclined to fulfill your final wishes. If you are concerned about loved ones contesting your will or trust, especially in a blended family situation, please contact us as soon as possible to help avoid any will or trust contest.
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