Reasons Your Will Might Be Invalid

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Despite your best efforts, there are a number of reasons that your Will might be declared invalid.

If you"ve used a do-it-yourself form for example, the Will might not meet the requirements of your current state law. Wills can also be declared invalid if it"s not properly signed or isn"t witnessed as required.

But in addition to these technical issues, there are other, more complex reasons that your family might run into problems when probating your Will.

Out of Date "" If your Will names beneficiaries who are no longer living or specifically lists assets you no longer own, your loved ones might hit a snag when they start probate. This is a common problem when you don"t update your Will on a regular basis. Fortunately, there"s a very easy fix "" contact your estate planning attorney and create revise that Will.

Spouse Left Out "" Whether the omission is intentional or accidental, leaving your spouse out of the Will can create problems. Spouses cannot be disinherited under state law so leaving yours out could cause the judge to declare the Will invalid.

Making Informal Changes "" If you need to change your Will, there is a proper way to do it. You can either write an entirely new Will, declaring the old one to be invalid or you can create what"s known as a codicil to add the new change. Simply marking up your existing copy will probably not suffice and you risk voiding the entire Will in the process. Courts are very exacting about following the intent of the maker of the Will. If it is the least bit confusing, you are inviting trouble.

Leaving Contradictory Instructions "" If your Will doesn"t make sense, the judge is more likely to throw it out. Leaving the same property to more than one person for example or bestowing property you do not solely own will create confusion and delay the probate process. And if figuring out the Will is causing too much delay, it"s likely to be discarded altogether.

Leaving Unusual Instructions "" One of the biggest reasons that a Will is contested is that someone is surprisingly left out or the bulk of the estate is left to someone other than an obvious heir. Not only will your family members be likely to challenge such a document, but they"ll probably also win. If you"re going to disinherit someone, be very clear about your intentions to do so and also specify why. You don"t have to go into detail of course, but a simple statement that acknowledges your intent to exclude that person from your list of heirs should suffice.

To ensure that your Will is up to par, consult with a qualified estate planning attorney.

About the Author:
To learn more about will and protect you from the cost of long term care, please visit the website of the experienced estate planning attorneys Oklahoma City OK of the Parman and Easterday today.



Article Originally Published On: http://www.articlesnatch.com


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