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Problems to Avoid When Setting Up a Will

There will be a point in life where you will understand that it’s time to make a will so that you ensure that your assets go where you want them to. Whether that is shares, estate, cash, personal belongings, etc., it all should be written down in a legal document as to where you would like it to go when you pass away. It sounds very simple, however, there are plenty of things that can go wrong, and this article will highlight some of the most common problems people face when setting up a will. (Related topics: probate attorney, trust and estate attorney, estate planning lawyer)

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Invalid After Marriage

If the testator makes a will and then becomes married afterward, the will is no longer valid, and a new will needs to be drafted up.


Incorrectly Executing the Will

There are certain procedures and formalities that need to be met when correctly submitting a will. If they are not all met, the will may not be valid.


Testator Not Mentally Capable of Making the Will

Sometimes wills can be drafted up suddenly if someone falls ill, and often in these times, the testator does not have the required mental capacity to make decisions, meaning someone can have a large influence on what happens in the will. This can be contested in court if the claim is justifiable.


Will Is Not Considered Fair

In some cases, a will may seem somewhat unfair from certain points of view, and if this happens, it can be contested by the person who feels they should have gotten more. For example, if you are the only child of the testator and have financial difficulties but receive nothing, and large sums of money are being given to animal shelters, you have a chance to contest that the will is unfair.

In conclusion, a will is something that should be completed with absolute care while following the necessary steps in order to avoid problems, both personally and legally. It is a delicate subject and should only be handled professionally and discretely.