A key reason for creating an estate plan is gaining the peace of mind that your family will be taken care of after your death. The last thing you want is for there to be any confusion or hurt feelings over the division of your assets. That’s why it’s critical to fortify your plan against potential will contests or other challenges down the road.

Undue influence charges

It’s important to recognize that a certain level of influence over your final decisions is permissible, so long as it doesn’t rise to the level of “undue” influence. For example, there’s generally nothing wrong with a daughter who encourages her father to leave her the family vacation home. But if the father is in a vulnerable position — perhaps he’s ill or frail and the daughter is his caregiver — a court might find that he’s susceptible to undue influence and that the daughter has improperly influenced him to change his will.

There are many techniques you can use to demonstrate your lack of undue influence, including:

Choosing reliable witnesses. These should be people you expect to be available and willing to attest to your testamentary capacity and freedom from undue influence years, or even decades, down the road.

Videotaping the execution of your will. This provides an opportunity to explain the reasoning for any atypical aspects of your estate plan and will help refute claims of undue influence or lack of testamentary capacity. Be aware, however, that this technique can backfire if your discomfort with the recording process is mistaken for duress or confusion.

In addition, it can be to your benefit to have a medical practitioner conduct a mental examination or attest to your competence at, or near, the time you execute your will.

Improper execution

Never open the door for someone to contest your will on grounds that it wasn’t executed properly. Be sure to follow applicable state law to the letter.

Typically, that means signing your will in front of two witnesses and having your signature notarized. Be aware that the law varies from state to state, and an increasing number of states are permitting electronic wills.

No-contest clauses

If you have a high net worth, a no-contest clause can act as a deterrent against an estate challenge. Indeed, most, but not all, states permit the use of no-contest clauses.

In a nutshell, a no-contest clause will essentially disinherit any beneficiary who unsuccessfully challenges your will or trust. For this strategy to be effective, you must leave heirs an inheritance that’s large enough that forfeiting it would be a disincentive to bringing a challenge. An heir who receives nothing has nothing to lose by challenging your plan.

No guarantees

If your estate plan leaves any family members less of an inheritance than they expect, there’s a risk they’ll contest it. Although there’s no guaranteed way to protect your plan, these strategies can minimize the chances that a disgruntled beneficiary will challenge your will in court.