For many people, a last will and testament is the center post of their estate planning. It contains comprehensive instructions for how their estate is to be distributed upon their death. But a will must go through probate, which is a public court proceeding at which the will’s validity must be proved. Any interested parties —often disappointed heirs — can come forward to contest the will, which can cause the probate case and the distribution of the estate assets to be significantly delayed.

To help your intended beneficiaries fend off will contests efficiently, there are concrete steps you can take during the will creation process. The following are the most effective:

• Include a no-contest clause — Most jurisdictions, including New Jersey, allow the inclusion of a no-contest or "in terrorem" clause in a will. This clause states that if a beneficiary contests the will and loses, they forfeit any benefits provided them in the will. However, the forfeiture is usually enforced only if the contest was groundless or was brought in bad faith.
• Use clear and unambiguous language — Many will contests stem from unclear or conflicting provisions in the will itself. The more precise your instructions, the less likely that contests will succeed. Be especially careful not to make bequests that may be impossible to carry out.
• Communicate with beneficiaries — Consider discussing your estate plan with your beneficiaries beforehand to explain your decisions. This reinforces that the instructions in the will are consistent with your intentions.
• Choose reliable witnesses — There must be two witnesses to the signing of your will, who must attest to its proper execution. Select individuals who are not beneficiaries, who are not closely related to you and who will be able to testify if necessary.
• Document your capacity and volition — You must have the mental capacity to create a will and your actions must be taken voluntarily, which means the absence of coercion or undue influence. You can demonstrate these points by obtaining a doctor's statement about your mental state and witnesses’ statements that you acted with free will.
• Record the execution process — Consider making a video recording of the will signing and witnessing, which can include your oral statement of your intentions and the reasons for your decisions. This recording could potentially be used as evidence in case of a contest.

Above all, seek the assistance of an experienced estate planning attorney to draft your will and supervise its execution. A lawyer can ensure that your will meets all legal requirements, which makes it less susceptible to challenges.

The Law Offices of James C. Zimmermann advises New Jersey clients on all aspects of estate planning, including the creation of wills, trusts and other documents. We have offices in Vernon, Wayne, Pompton Lakes, Hackensack and Nutley. For an appointment regarding your situation and needs, please call 973-764-1633 or contact us online.