You might be thinking of adding a no-contest clause in your will to discourage challenges to its validity. The clause works by disinheriting anyone who contests the will and loses. In other words, they forfeit whatever was bequeathed to them in the will if their contest is unsuccessful.
No-contest clauses are enforceable in Texas. As such, you can use this provision to discourage any of your beneficiaries from contesting your final wishes. However, a no-contest clause is not ironclad. Here is what you need to know.
Legal exceptions to no-contest clauses
A no-contest clause may be unenforceable in Texas under certain circumstances. For example, if the person contesting the will can prove they did so in good faith and had probable cause to believe the will was invalid, the court may choose not to enforce the no-contest clause. It means that even if a will beneficiary contests the will and loses, they may not have to forfeit their inheritance.
Explore your other options
If you are concerned about potential challenges to your will when you are gone, taking proactive steps can help safeguard your legacy and avoid future complications. It helps to communicate your final wishes to loved ones and regularly update your estate plans to accommodate changes in your life. It can help avoid costly legal disputes.
Doing everything right can also help protect your will from potential challenges. Do not leave any loopholes, like unclear language, lack of legal requirements or doubts about your testamentary capacity.
You may also want to look into other estate planning tools that are less vulnerable to challenges, like living trusts. Seeking informed guidance can help you understand your options and avoid making mistakes that could derail your estate plans.