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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.