Protecting Your Family’s Legacy: The Importance of a Challenge-Proof Will
Who can challenge your Will?

Thanksgiving is a time to gather with loved ones, express gratitude, and reflect on what truly matters. As we celebrate the blessings of family and the joy of togetherness, it’s also the perfect opportunity to think about protecting the future of those we hold dear. Ensuring that your will and estate plan are secure from potential challenges is one of the most meaningful gifts you can give your family.
As a Board-Certified Estate Planning Attorney, I often remind clients that a well-crafted will is more than just a legal document—it's a reflection of your values and your desire to provide for and protect your family, even after you're gone. However, without proper precautions, your carefully made decisions could be contested, leading to disputes, delays, and unnecessary expenses.
Let’s explore who can challenge your will, the grounds they may use, and practical steps you can take to safeguard your estate plan this holiday season.
Who Can Challenge Your Will?
- Heirs at Law:
These are individuals who would inherit under state intestacy laws if you didn’t leave a will. They typically include spouses, children, parents, and other close relatives. Even if you leave them something in your will, they may challenge it in an attempt to secure a larger share. - Beneficiaries:
Beneficiaries are individuals named in your will to receive a gift. If they feel their share is unfair or suspect undue influence, they may contest the will. - Others with Legal Standing:
In some cases, ex-spouses, business partners, or creditors may have grounds to challenge a will, especially if it conflicts with other legal agreements or obligations.
Common Grounds for Will Contests
- Invalid Will: Failing to meet your state’s legal requirements for signing and witnessing can render your will void.
- Lack of Capacity: A will can be contested if the testator lacked the mental capacity to understand the extent of their assets, who their family members are, or the nature of the will itself.
- Undue Influence or Coercion: Claims that someone manipulated the testator to leave them a disproportionate share can lead to challenges.
- Mistakes of Fact or Clerical Errors: Inaccuracies in the will, such as disinheriting a child based on incorrect assumptions, can also be grounds for disputes.
Steps to Protect Your Will
Thanksgiving is a time for gratitude and preparation. Consider these steps to ensure your will truly reflects your intentions and prevents unnecessary conflict among your loved ones:
- Include a No-Contest Clause:
A no-contest clause discourages challenges by threatening to disinherit anyone who contests the will. While not enforceable in every state, it can be a powerful deterrent. - Update Your Estate Plan Regularly:
As life changes, so should your estate plan. Review and revise your documents after major life events like marriage, the birth of a child, or significant changes in your assets. - Communicate Your Wishes:
Clear communication with your family can prevent misunderstandings. Let your loved ones know why you made certain decisions to reduce the likelihood of disputes. - Work with an Experienced Attorney:
A skilled estate planning attorney can ensure that your will complies with state laws, anticipate potential challenges, and craft an airtight plan to protect your legacy. - Consider a Trust:
If you’re concerned about disinheriting a child or how an inheritance will be managed, a trust can provide structure and conditions for distributions while avoiding the probate process. - Secure Your Documents:
Store your will and estate planning documents in a safe yet accessible location. Inform your executor or a trusted family member where to find them.
This Thanksgiving, Plan for Peace of Mind
Thanksgiving reminds us of the importance of family and the legacy we leave behind. By taking steps now to secure your estate plan, you can ensure your wishes are honored and your loved ones are spared unnecessary stress and conflict.
If you’d like to learn more about creating or updating your will, or if you have concerns about potential challenges, contact my office by calling 956-791-5422 in Laredo. Together, we can protect your family, your assets, and your peace of mind—this Thanksgiving and beyond.
Warm wishes for a joyful and safe Thanksgiving,
Joseph Michael Dickerson
Board-Certified Estate Planning Attorney



