Knowing you have a will in place can give you incredible peace of mind. Keeping it safe from a challenge or contest feels even better.
A common reason for will contests is family concerns about the testator’s mental soundness. This could be a particular risk if your will contains a few surprise asset distribution decisions. Here are some steps to take when creating your will that can prove your mental soundness and help prevent well-meaning disputes.
Get a medical evaluation
An effective way to demonstrate mental capacity is getting a medical assessment from a qualified health care professional, preferably close to the time you create or update your will. Their written statement can confirm that you are of sound mind and understand the implications of your decisions.
Include a self-proving affidavit
A self-proving affidavit is a sworn statement you and your will execution witnesses sign that attests to the validity of your will. This affidavit can be included with your will, helping establish its authenticity. It can help serve as evidence of your mental competence at the time the will was signed.
Choose reliable witnesses
Your witnesses should be reliable, impartial and able to validate your mental soundness and the voluntary nature of the will. In Minnesota, at least two witnesses are required for a valid will. It is best if they are not named as beneficiaries to avoid conflicts of interest.
Legal guidance as you create your will can also play a role in preventing will contests and family disputes. This can help to ensure that your will complies with the law and safeguard against contests.
