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8 mistakes to avoid when writing a will

Drafting one’s last will and testament can be emotionally stressful. However, drafting a will can offer peace of mind to the person and their family since it removes the uncertainty of inheritance. While this is a crucial step in financial planning, blunders can occur due to the various legalities and emotions attached to the process. For those worried about this, here are some of the common mistakes to avoid when writing a will.

Deciding to have a handwritten will
Many people find sentimental value in handwritten wills. While the last will can be written by hand, it is not advisable to do so. This is because some states may not find handwritten wills to be legally binding. While a few states may recognize it, the laws may limit what these wells can bequeath or whether any revisions will be allowed. To avoid any problems later on of oneself and one’s family, it is better to have a type-written will to ensure that the will. To make sure that the will complies with the laws of the state, one can also use sample forms and templates that are available to draft the document.

Not learning the state laws
Usually, the laws of across states vary regarding wills. Each state can have its own laws and rules on the interpretation, construction, and validity of the will. For instance, if a will is legal in one state, it may not be valid in another state. Therefore, it is important that one learns about the various state statutes on wills. Doing sufficient research is the first step to avoid this mistake. Apart from this, one can also take the help of professionals such as lawyers and attorneys who can help draft a will that complies with the various laws. This way, one can ensure that their will successfully carries their wishes.

Co-executors are assigned
Many people often think it is only fair to have more than one loved one to be the executor of their will. So, they end up assigning multiple co-executors. But what no one anticipates is that having multiple co-executors can potentially lead to a lot of disagreements, arguments, and infighting regarding how to execute the will. While the will provides mere instructions about how to divide up the assets, it does not guarantee that instructions will be executed smoothly, as everyone hopes. Therefore, it is always better to assign only one executor who will have the final say on how the will will be executed.

Not having the right witnesses for the will
Another mistake that is commonly observed is that people do not have proper witnesses when writing their will. They may have no witnesses or just one. Sometimes, they may ask their children or partner to be the witness. All of these will invalidate the will. For a will to be legally valid, it must have two witnesses. However, there are certain rules to be followed when asking someone to be a witness to one’s will. For example, the person must be a legal citizen of the country, must be above 18 years of age, and not named beneficiaries in the will, or must be married to someone who is. Finally, it is mandatory for the witnesses to be physically present at the time of signing the will.

The will is outdated
Often, people are not aware that significant life events can directly and instantly change how a will works. In fact, a preexisting will may become invalidated, especially after certain events. These include the following.

The birth of another child or grandchild
A marriage
A divorce
The loss of a loved one
Purchasing a new house

In case one has undergone any one of these life events after drafting a will, it’s time to update it. This will ensure there is no confusion regarding the content of the will and its validity later on.

Making changes to the will informally
Adding changes to a will or modifying any of its contents is not as simple as writing a note on it. Making amendments to the will after it has been signed and witnesses will make it invalid and non-binding. So, if one wants to make changes, especially after a significant life event, it has to be done through official alteration. This is known as codicil. This has to be witnessed and signed, similar to the original will. One can add as many codicils as they want to the will. Alternatively, a completely new will can also be drafted and drawn up if one does not want the hassle of codicils.

Forgetting to include intangible assets
Often, people remember only the tangible assets while drawing up their will. However, they end up forgetting about the intangible assets such as premium bonds, bank accounts, shares, and other funds. In addition, one needs to think about their digital footprint, such as social media accounts, digital photos, music, or digital art that one may own. It is vital to include all of these in the will.

Failing to appoint guardians
For those with young children, it is crucial to appoint guardians who will take care of them. This is especially important if one is the only surviving parent. Not appointing a guardian in the will may cause the decision to go to family courts, which can cause more stress and emotional distress.

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