Planning your death is never a pleasant pursuit. Nevertheless, it is a necessary step that everyone must take. A properly drafted last will make things easier for you, your family, and your loved ones upon your passing.
There are common mistakes in writing wills. Avoiding these mistakes can help you provide a smoother transition when you are no longer around.
Keep reading to learn about the top mistakes to avoid when writing a will.
Table of Contents
1. Mistakes In Writing Wills: Common Misinterpretations
Common mistakes when writing a will include not correctly naming an executors for wills. A common misinterpretation of will terms is confusing words, such as distribute and donate, which can alter the intention of the legacy.
Carefully reviewing each provision and thinking through how it will be carried out can ensure the intended party receives assets. Consulting and securing the services of an estate attorney is essential to avoiding common mistakes, as lawyers are familiar with the language and terminology used in wills.
2. Incorrectly Naming Beneficiaries Can Disqualify Them
This can mean either writing the wrong name, forgetting someone, or providing insufficient details of a designated beneficiary. Incorrectly using only a first name when two people have the same first name can be problematic. Other mistakes include using outdated information, such as the registered name of a minor or forgetting to name a substitute beneficiary.
The best thing to do is to include as much information as possible and verify the accuracy of the details. Constantly continuously update any names, addresses, or other potentially modified information.
3. Unanticipated Life Events Without Updating Documentation
When someone dies, their will is typically the last document used to determine their wishes and assets in the event of their death. Wills written a few years ago may not address the changing circumstances of an estate in the event of an unanticipated life event, such as the birth of a child. Without updating this document to include the new minor beneficiaries for wills, their legal right to the estate may not be honored.
To avoid this, it is essential to update wills regularly to reflect any new life events or asset changes.
4. Failure To Utilize an Attorney And Get the Will Notarized
One of the biggest mistakes people can make when creating a will is failing to utilize an attorney to ensure the choice is legally binding and to get the will notarized. Without the legal counsel of an attorney and the authentication of a notary, the will may not be valid.
To avoid this mistake, speak to a wills and estate lawyer today. This can ensure that the choice is correctly formatted, wills all required elements, and is valid under the laws of the state that governs it.
5. Sloppiness Leading to Incorrect Dates and Signatures
It is essential to take the time to ensure that the dates are correct and that the signatures are clear when signing wills. It is necessary to have both the testator’s and the witness’s signatures on the will. This will help avoid clarity and ensure all relevant parties have signed and dated the document.
Properly witnessing the signatures will help ward off any potential challenges to the will based on invalid signatures or dates.
Keeping Your Will Up To Date And Secure
Writing a last will requires utmost attention, as mistakes can be costly and sometimes lead to legal battles. To avoid any undesired outcomes, seek the advice of an attorney who specializes in estate and trusts.
Found this article helpful? Check out the rest of our website for more tips!
