Where There’s a Will, There’s FamilyWhere There’s a Will, There’s Family

In recent years, many states have enacted pre-mortem validation statutes enabling testators or settlors to take proactive steps to avoid will or trust contests. Pre-mortem validation statutes provide a mechanism to be used during the testator’s life to ensure testamentary documents are declared valid and to avoid post-death challenges. Another approach that offers a strong deterrent to will contests is the use of so-called “no-contest” provisions that have been validated by statute or case law.

Pre-mortem validation statutes come in two varieties: judicial validation or a non-judicial procedure. Arkansas, North Carolina, North Dakota and Ohio have judicial validation statutes that apply only to wills. Alaska, Nevada and New Hampshire have...