A will might be the only estate planning document that someone creates. It might also be the foundation of a broader, more robust estate plan that includes multiple different documents.
Regardless of what someone hopes to achieve by drafting a will, they need to ensure that the document complies with state standards and properly conveys their wishes. Otherwise, the will could be at risk of a challenge during estate administration.
Particularly when people try to draft wills on their own without the help of a professional, they could easily make mistakes that give others the legal leverage necessary to contest their will later. The following are some of the most common mistakes people make when drafting a will.
Creating their own documents digitally
Quite a few people believe that they can simply download a template online, input a few personal details and establish a valid will. What they fail to consider is that the law requires that they print and actually sign the document. In fact, they also need to have two witnesses who can attest that they drafted and signed the document. Creating basic documents at home often gives people a false sense of security when their documents may not hold up under scrutiny and probate court.
Including illegal terms
There are limits to what someone can achieve with a will. For example, they may need to consider establishing a trust if they want to leave resources for a pet, as an animal cannot legally own property. Other times, people may try to disinherit a spouse because of a dissatisfying marriage and a deep belief that divorce is not appropriate for them. If a will includes terms that do not conform with the law, the probate courts may set aside the document in its entirety in some cases. Even if the courts only invalidate a portion of the document, a testator may not be able to achieve their legacy goals if they use the wrong tactics.
Failing to update the document
Drafting a will already puts someone ahead of the average person. A large percentage of people never establish estate plans. That being said, wills require regular updates to ensure that they accurately reflect someone’s financial circumstances and their family situation. Outdated documents are vulnerable to challenges in probate court. The failure to address certain assets, to remove old resources or to update beneficiary designations can lead to people claiming that the will is invalid after the testator dies.
Most people benefit from having professional assistance as they draft a will. The right help makes it possible to achieve specific goals while minimizing the risk of falling victim to common mistakes.