11 Jul Can Your Estate Plan Be Contested? How to Bulletproof Your Legal Documents
Creating an estate plan is one of the most crucial steps you can take to safeguard your family, assets, and wishes. However, even a well-structured estate plan can be contested in court if a disgruntled heir or beneficiary decides to challenge it. While no estate plan is 100% immune to legal challenges, there are several steps you can take to make yours as “bulletproof” as possible.
In this post, we explain why an estate plan might be contested, and how to protect your assets from legal battles.
When Can Someone Challenge an Estate Plan?
An interested party may contest someone’s estate plan for a variety of reasons. They might claim that someone else manipulated them into changing their will, or that they were suffering from dementia at the time. Legal mistakes can also bring up challenges or make your documents invalid.
Grounds for contesting a will or an estate plan can include:
- Claims of Undue Influence
Someone alleges you were coerced into making decisions.
- Lack of Capacity
Someone may claim you were not of sound mind when creating or modifying your plan.
- Improper Execution
The will or trust may not meet the legal requirements in Arizona.
- Omissions or Surprises
Excluding someone from your plan or adding someone unexpected can raise red flags.
How to Protect Your Estate Plan
While you can’t prevent someone from contesting your will or estate plan, you can take steps to ensure that your documents hold up in court. Including a no-contest clause, proving your mental capacity, and consulting a lawyer are just a few of the ways you can prevent legal battles.
Step 1: Work with an Experienced Estate Planning Attorney
Using DIY documents is one of the most common reasons for legal errors. Generic online templates don’t always comply with state-specific laws. Working with an experienced estate planning lawyer means that all of your documents are executed properly, contain the right legal language, and clearly state your intentions.
Step 2: Use a Revocable Living Trust
In Arizona, wills must go through probate, a court process that is expensive, time-consuming, and also public.
A revocable living trust can help you:
- Avoid probate entirely
- Keep your affairs private
- Make it harder for someone to challenge your intentions
Since trust administration happens outside the court, it’s generally faster, more cost-effective, and far less stressful for your loved ones. With a revocable living trust, your assets can be distributed immediately upon your death, without being subject to public record.
Additionally, trusts are typically harder to contest than wills. Because they are managed during your lifetime and often include clear instructions, they provide a stronger legal framework that accurately reflects your wishes.
Step 3: Include a “No-Contest” Clause
The state of Arizona recognizes no-contest clauses (also called in terrorem clauses). A no-contest clause states that if a beneficiary challenges your estate plan and loses, they forfeit their inheritance.
While this clause can’t prevent a lawsuit from happening, it does create a strong deterrent. However, if a challenge is made in good faith and with probable cause, the courts may still allow it.
Step 4: Document Your Mental Capacity
If you’re getting older or making significant changes to your estate plan (like disinheriting one of your children) it’s a good idea to take steps to document your mental fitness.
- Have a physician evaluate and affirm your capacity.
- Record a video explaining your wishes and the reasoning behind them.
- Create your documents well in advance of any signs of cognitive decline.
Step 5: Communicate Clearly with Your Loved Ones
Surprise is one of the biggest triggers for contesting an estate plan. Speaking with your family about your wishes reduces the risk of resentment, misunderstandings, and conflict. While you’re not legally required to explain your decisions, having open conversations with your loved ones helps set their expectations so no one is blindsided.
Step 6: Keep Your Plan Up to Date
People go through many changes in their lives. Regular reviews help you avoid issues caused by outdated beneficiary designations, or new family members getting left out, as well as changes in state or federal laws. An outdated plan is more likely to be contested, so make sure to schedule a review every three years or as soon as any major life changes occur.
Don’t Leave Your Legacy Vulnerable
Contesting an estate plan tears families apart, and the legal costs can drain your estate resources that would otherwise go to your loved ones. By taking the steps laid out above, you can minimize the risk of disputes and protect the legacy you’ve worked so hard to build.
Consulting an attorney is the best way to make sure your estate plan is bulletproof. Whether you need to start from scratch or want to update an existing plan, the legal team at Phelps LaClair is here to help. Estate planning has been our sole focus for over 40 years, so you can rest assured that your family’s future is in good hands.
Contact us today to schedule a free consultation in Mesa, Chandler, or one of our other Phoenix Valley locations.
Images used under creative commons license – commercial use (7/11/2025). Photo by Wesley Tingey on Unsplash