Favoring One Heir? Here’s How to Protect Your Wishes and Avoid a Will Contest

A 65-year-old woman plans to leave 90% of her estate to one grandchild—out of several—and wants to ensure her wishes are carried out when the grandchild turns 25. Her biggest concern? Preventing a challenge from the other grandchildren.

This scenario, featured in MarketWatch’s article, “‘The situation is extreme’: I’m 65 and leaving my estate to only one grandchild. Can the others contest my will?” highlights a common estate planning pitfall: misunderstanding how wills, trusts, and executors actually work.

What Executors Can’t Do

One important clarification: executors don’t get to decide when or how assets are distributed. Their job is to carry out the written instructions left in the will—nothing more. If the testator (the person creating the will) wants distribution delayed until the grandchild turns 25, that must be clearly written into the estate plan.

However, a simple will may not be enough to achieve that level of control. In this case, creating a trust may be the more effective route. A trust can name a trustee, someone appointed specifically to manage and distribute assets over time, based on detailed instructions.

Can You Prevent a Will from Being Contested?

Legally speaking, no one can fully prevent a will from being challenged. But a properly crafted estate plan can significantly reduce the risk of a successful contest.

Here’s how:

1. Act While You're Healthy and Mentally Competent

The most effective plans are made while the individual is clearly of sound mind. If there’s any hint of cognitive decline, it opens the door for claims of undue influence or lack of capacity.

2. Follow the Legal Requirements in Your State

State laws differ. Some require only one witness to finalize a will, others require two. A good estate planning attorney ensures your documents meet all local legal standards—no missed signatures or improper witnessing.

3. Include an In Terrorem Clause (If Allowed)

Some states allow for a “no-contest” clause. This provision states that if a beneficiary challenges the will, they forfeit their inheritance. It can be a strong deterrent, especially when the beneficiary stands to lose a significant amount.

4. Clearly List Who Is and Isn’t Receiving Assets

When disinheriting—or significantly reducing—the share of an expected heir, it’s best to clearly name them in the document and state your intention. This shows the decision was deliberate, not an oversight.

5. Don’t Forget the Signature

One of the most common and avoidable errors? Failing to sign the document. A will that hasn’t been signed isn’t valid—no matter how perfectly it was drafted.

Special Considerations for Vulnerable Heirs

Sometimes, the challenge isn’t about family conflict—it’s about protecting a beneficiary. For heirs with disabilities, addictions, or those receiving government benefits, a Special Needs Trust may be appropriate. These trusts allow you to provide support without disqualifying the beneficiary from public assistance or leaving them unable to manage the inheritance.

Protecting One Heir Without Creating Family Conflict

Leaving most of your estate to one heir—especially a grandchild—requires more than good intentions. It takes careful legal planning and clear documentation. An estate plan that includes both a will and a trust can provide protection, privacy, and precision in executing your wishes.

We’re Here to Help

At The Werner Law Firm, we guide clients through complex family dynamics with understanding and skill. Whether you want to structure a gift over time, prevent potential conflicts, or protect a vulnerable heir, our experienced estate planning attorneys can help you create a plan that stands strong, even under scrutiny.

If you have any questions, schedule a free appointment with us through our online appointment page.

You can also read reviews from some of the hundreds of clients we have helped over the years.

Reference: MarketWatch (May 30, 2025) “’The situation is extreme’: I’m 65 and leaving my estate to only one grandchild. Can the others contest my will?”