People creating estate plans often rely on wills to establish their legacy and guide the probate process after they die. The issue with using one document for estate planning is that sometimes there may be issues with the document that give other people grounds to contest it in probate court.
There are small mistakes that people can make when estate planning that can undermine document validity, especially if they try to draft documents on their own behalf instead of partnering with a professional that could undermine their legacy after they pass.
What mistakes do people make when drafting wills that could lead to other people challenging their wishes after they die?
Creating digital or non-written wills
Technically, a will usually needs to be a written document available in physical form for the courts to treat it as a valid testamentary instrument. Digital, oral, video, audio or electronic wills do not meet the necessary standard to serve as the primary testamentary instrument in an estate plan. The courts may simply set digital documents or recordings aside. There is also reason to worry that personal representatives or beneficiaries may not be able to locate digital documents or recordings to review them after someone dies.
Failing to obtain witness signatures
A will should consist of terms set by the test before without the influence of other parties. They also need to be the sound mind at the time that they draft the documents. Witnesses are one of the only ways to prove that a testator actually created the will and that they were in their right mind when they did so. Without the signatures of two witnesses, it may not be possible to validate the contents of a will. The probate courts may not acknowledge a document that does not have the necessary witness signatures.
Including illegal provisions
There are many things that people can do with a will such as naming a guardian for their children and leaving clear instructions about which family members inherit which property. People can typically establish their legacy as they see fit, as long as they do not violate state laws. There are other things that people cannot do, such as disinheriting their spouses or leaving all their assets to a pet. In scenarios where wills contain terms that technically violate state law, the probate courts may set the documents aside if other people question the terms of the will.
Partnering with a lawyer when drafting a will helps to prevent scenarios in which the document may end up invalidated after the testator dies. Those who understand mistakes that can invalidate wills can better control the legacy they leave after their passing.
