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October 11, 2019

Issues Posed by Drafting Your Own Will

by Jackson Watson in Estate Planning

Many individuals are influenced into drafting their own wills. They might desire to conserve loan by not working with a legal representative. They might desire to maintain personal privacy and believe the best method to do it is to write their own will. They might get a do it yourself kit at an office supply store and feel they are competent to prepare a will.

Revoking the Will

When a non-lawyer prepares a will, he or she might make a will that is not legally valid in the state where it is probated. The testator, the person making the will, may fail to sign the will. She or he may handwrite only specific parts of the will, potentially revoking the will in its whole. They might stop working to have witnesses as required by state law. They might not have the will notarized when it needs to be. They may stop working to follow certain rules relating to the will, such as not making a statement that the will is their last will and testament.

Invalidating Provisions

If the testator does not handle to revoke the entire will, she or he might revoke specific arrangements of the will. For instance, if he or she signs at a particular part of the will and then possibly includes extra provisions later on, these additional arrangements may not be consisted of in the will. If he or she has witnesses who stand to inherit under the will, he or she might invalidate the arrangements in favor of these beneficiaries. She or he might attempt to make a modification to the will and might not follow formalities, therefore nullifying these provisions. Language may be so vague that a court can not fairly analyze it. A testator might attempt to disinherit a spouse or a child, which might not be allowed in the jurisdiction or which might require particular language to be legitimate in the state.

Forgetting Contingencies

An individual may designate someone to acquire all of his or her property. He or she might provide a specific product or portion of his or her estate. If this person predeceases the testator, there can be a considerable part of the estate that was not considered. A testator might not think about these contingent arrangements. A skilled estate planning lawyer can include arrangements regarding contingencies.

Forgetting Property

A testator might forget to consist of particular property. She or he may get additional property after creating the will and not have any arrangements connected to it. He or she might have property in another state and might stop working to consider the implications of this. An attorney can take a stock of all of the property and establish a will that dictates the regards to the circulation of the property. He or she can likewise consist of specific language that describes what will take place in case the testator left property to a beneficiary and that property was no longer in the belongings of the testator at the time of his/her death.

Not Withdrawing Previous Wills

An officially prepared will normally specifies that it is revoking any prior wills or codicils. If a testator fails to revoke previous wills, there can be confusion about which will supersedes the other. An estate planning attorney can ensure that it is clear that the current will is the valid one and should be followed.

Failing to Update the Will

An individual may prepare a will under one set of circumstances and might fail to update the will with time. There are numerous different life events that might necessitate an upgrade in the will. For example, the testator may get married or get divorced, and the will must reflect this change. He or she might have children.

Failing to Protect the Will

A testator may do everything properly and create a legitimate will. However, he or she might stop working to keep the will in a safe area, or he or she may keep the will in too safe of a place like a safe deposit box that no one can access after the testator’s death. An estate planning lawyer can guarantee that steps are required to ensure that the executor has access to the will and to probate it when the time comes.