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Warner Norcross + Judd LLP is a corporate law firm with over 230 attorneys serving clients in nine offices throughout Michigan. Among the largest law firms in Michigan, Warner works in virtually all areas of business law.

Michigan Law Firm - Warner Norcross + Judd LLP

When you’ve worked hard for what you have, the last thing you want is to see it lost in a contest over your estate. Perhaps more important than the financial cost of an estate contest is the emotional cost. Few events can fracture a family more deeply than a contested estate – potentially leading to years of emotional strain and irreparable damage to relationships. For private clients and family offices, proactive estate planning is not just about asset transfer. It’s about peace of mind, protecting family harmony, preserving legacy and minimizing exposure to legal risk.

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While an estate contest can never be 100% prevented, there are eight preventive steps that help ensure your wishes are honored.

Start Early and Communicate Clearly: The most effective way to avoid disputes is to plan early before any conflict arises. Equally important is communication. Open discussions with family members about the reasons behind your estate decisions can prevent feelings of surprise or resentment later. Silence or secrecy often creates suspicion, especially when distributions appear uneven or unexpected.

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Work with Experienced Advisors: Complex estates require sophisticated coordination among legal, tax and investment professionals. Family offices and private clients should engage experienced estate planning attorneys who can anticipate potential sources of conflict and determine how to attack them head-on. Your professionals should be familiar with the nuances of your family, not just their technical knowledge. A well-developed estate plan reduces ambiguity and provides clear directions to implement your intentions.

Combat Claims of Incapacity or Undue Influence: The most common allegations raised when contesting an estate are lack of capacity or undue influence. To avoid such claims, create your estate plan while you are of sound mind. Engage with and execute your documents in front of independent witnesses who can attest to your understanding. Meet with your attorney and other professionals alone to ensure that you are free from outside influence. Your decisions should be made independently of others.

Consider No-Contest Clauses (with Professional Advice and Careful Drafting): A “no-contest” or in terrorem clause can discourage litigation by penalizing beneficiaries who challenge your estate plan. For instance, if a beneficiary contests the will and loses, they forfeit their inheritance. However, these clauses must be crafted carefully. Your attorney can help evaluate whether a no-contest provision aligns with your objectives.

Structure Gifting and Trusts Thoughtfully: Trusts can be particularly effective tools for controlling distribution, protecting beneficiaries from creditors or themselves, and maintaining privacy.

Review and Update Regularly: Life changes — and so should your estate plan. Marriage, divorce, births, deaths and changes in wealth can all affect how your estate should be structured. Failing to update your documents may unintentionally exclude beneficiaries or contradict your current wishes. A regular review (every two to three years or sooner after major life events) ensures consistency across your will, trusts and powers of attorney. This practice helps prevent inconsistencies that might invite disputes later.

Select Fiduciaries with Care: Appointing the right personal representative, trustee or agent under a power of attorney is as critical as drafting the plan itself. These individuals should not only be trustworthy but also capable of managing complex family dynamics. In some cases, appointing a professional fiduciary or corporate trustee may be the best option to maintain neutrality, especially where family relationships are strained or assets are substantial.

Preserve the Human Element: Acknowledging family history, addressing emotional undercurrents and articulating the “why” behind your decisions can bring peace of mind and reduce the risk of conflict after you’re gone.

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An estate plan should do more than distribute wealth — it should preserve relationships and values. With proactive planning, clear communication and the right professional guidance, you can minimize the risk of contests and ensure your legacy is carried forward as intended.

For more information or next steps contact Chelsea Brown, a member of our Private Client Family Office or your Warner attorney for additional guidance.

Legacy Matters

Private Client and Family Office

Senior Counsel

Chelsea N. Brown

The Calm After the Plan: Preventing Estate and Trust Contests Before They Begin

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