Feb 6, 2026
Having a will is a great first step, but as many families have learned the hard way, it’s important to still have some safeguards in place to protect your wishes.
Take the hypothetical example of Sophie, whose friend Anya recently passed away from breast cancer. Anya wasn’t married and didn’t have any kids. She had only one living relative, her brother, but they were estranged and hadn’t spoken in years.
Advertisement
Fortunately, Anya left behind a will that outlined her last wishes, including a charitable bequest to the American Cancer Society (1). While she bequeathed items of sentimental value to her closest friends, the bulk of her estate would go to ACS.
Years ago, Anya updated her will to disinherit her brother after they’d had a falling out. Now, as her only living relative, he feels entitled to a portion of her estate and is contesting the will.
Sophie is worried that her friend’s final wishes won’t be honored, and is wondering if Anya’s brother has any legal claim to the estate.
Does a will protect your wishes?
About one in four Americans have a will and just 13% have a living trust, according to Caring’s 2025 Wills and Estate Planning Study. In cases where there isn’t a will, state intestacy laws make decisions on the deceased’s behalf (2).
If you do have a will, you might assume that it fully protects your final wishes. But, in reality, wills can still be contested, especially when close family members are involved.
A will specifies how assets will be distributed, including bequests such as heirlooms or charitable donations. But when someone contests a will, they’re petitioning the court to invalidate the will so assets can be distributed differently.
Not just anyone can contest a will. To do so, they need “legal standing,” which means they’re a current or past beneficiary, an heir-at-law (spouse, child or next of kin) or a creditor. To win, they’ll need to prove specific legal grounds.
Advertisement
For example, they may argue that the testator (the person who made the will) was mentally or physically incapacitated, the will was signed under undue influence, duress or fraud, or the will was improperly executed.
Anya’s brother, who is an heir-at-law and past beneficiary (before he was disinherited) has legal standing to contest the will, but he’ll still need to prove his case. This will be hard to do, unless Anya’s will was improperly executed (which means it doesn’t meet legal signing and witnessing requirements).
But without safeguards in place, the distribution of assets can be significantly delayed during probate (the court-supervised process of distributing assets) and litigation can deplete the estate’s value. Worst-case scenario, the deceased’s assets can be distributed in ways they never intended.
Must Read
- Dave Ramsey warns nearly 50% of Americans are making 1 big Social Security mistake — here’s what it is and the simple steps to fix it ASAP
- Robert Kiyosaki begs investors not to miss this ‘explosion’ — says this 1 asset will surge 400% in a year
- Vanguard reveals what could be coming for U.S. stocks, and it’s raising alarm bells for retirees. Here’s why and how to protect yourself
Join 250,000+ readers and get Moneywise’s best stories and exclusive interviews first — clear insights curated and delivered weekly. Subscribe now.
How to protect your will from being contested
That’s why creating a valid will (and keeping it updated), designating beneficiaries and choosing a trusted executor — as well as planning for potential family conflict ahead of time — can save a lot of headaches down the road.
If you’re worried about family conflict, consider including a no-contest (also known as in terrorem) clause in your will. So, if a beneficiary challenges the will, they forfeit whatever they’ve been left in the will. They can still contest the will, but if they’re unsuccessful, they would lose everything.
However, many states limit the enforceability of these clauses (and in some states, like Florida, they’re unenforceable). That’s why ‘intent’ is so important.
“In deciding the enforceability of in terrorem clauses, courts will interpret the will as a whole to ascertain the intent of the testator. As a result, a challenge to a will, even in the face of an in terrorem clause, will succeed if the challenge is consistent with the intent of the testator in drafting their will,” according to the Legal Information Institute (2).
Advertisement
If you’ve disinherited someone — or don’t want an heir-in-law to lay claim to your assets — you can clearly state this in your will. You can also document your mental competency prior to signing the will (via a medical professional) and ensure the presence of impartial witnesses during the signing. You can also ask your lawyer to be present.
These impartial witnesses can help to verify that you were of sound mind and weren’t under duress when you signed the will — and your lawyer can make sure all the technical details are in order. Witnesses shouldn’t be beneficiaries, since that could be considered a conflict of interest and raise questions about the validity of the will.
Sophie may not be able to stop Anya’s brother from contesting the will, but she may be able to provide testimony as to her deceased friend’s mental capacity.
Anya’s brother may not succeed in having the will invalidated, but he could drag on the probate process for months or even years and drain the estate’s assets. That’s why, in some cases, the estate chooses to settle instead of dragging out legal proceedings — regardless of whether the claim is valid.
If you anticipate there might be issues with a family member who believes they’re entitled to your assets (or more than you’ve bequeathed them), it’s worth seeking legal advice to ensure your will can stand up to potential contests.
Article sources
We rely only on vetted sources and credible third-party reporting. For details, see our editorial ethics and guidelines.
You May Also Like
- Turning 50 with $0 saved for retirement? Most people don’t realize they’re actually just entering their prime earning decade. Here are 6 ways to catch up fast
- This 20-year-old lotto winner refused $1M in cash and chose $1,000/week for life. Now she’s getting slammed for it. Which option would you pick?
- Warren Buffett used these 8 repeatable money rules to turn $9,800 into a $150B fortune. Start using them today to get rich (and stay rich)
- Here are 5 easy ways to own multiple properties like Bezos and Beyoncé. You can start with $10 (and no, you don’t have to manage a single thing)
Vawn Himmelsbach is a veteran journalist who has been covering tech, business, finance and travel for the past three decades. Her work has been featured in publications such as The Globe and Mail, Toronto Star, National Post, Metro News, Canadian Geographic, Zoomer, CAA Magazine, Travelweek, Explore Magazine, Flare and Consumer Reports, to name a few.
