Your will is the document that guarantees your wishes will be carried out upon your death. Simple mistakes and a lack of clarity can lead to disagreements between beneficiaries, potentially rendering it invalid. Here are 18 mistakes to avoid that could render your will invalid.
Lack of Clarity
Precise language is essential in your will. Ambiguous or vague language that doesn’t clearly identify beneficiaries or the distribution of assets can leave a will invalid and open to litigation. Failing to clearly designate an executor or providing conflicting instructions regarding their identity can also invalidate it.
DIY Will Writing Errors
It may be tempting to write your will yourself using a generic template found online. However, these templates may not account for specific state laws or your circumstances, making them invalid. Handwritten annotations, changes, and interlineations that are not properly witnessed or initialed can also invalidate them.
Undue Influence and Coercion
Provisions in a will made under pressure or influence from another person—undue influence—can lead to a will being challenged in court. Nolo explains that common examples of the practice include illness or frailty, making the realtor “susceptible to undue influence” and the will leaving “property in a way that you wouldn’t expect under the circumstances.”
Forgetting Digital Assets
It is important to include your digital assets in your will, including social media accounts, online banking, and digital currencies. A lack of clarity on accessing these digital assets or failing to designate a digital executor could invalidate your will.
Failing to Address All Assets
Omitting significant assets or property from your will can lead to disputes among its beneficiaries. Using excessively specific language can also exclude newly acquired assets that aren’t explicitly listed in the will.
Improper Revocation of Previous Wills
It’s essential to explicitly state the revocation of your previous wills and testamentary documents to prevent confusion and potential legal disputes among beneficiaries. Destroying or attempting to revoke your will in a manner that isn’t recognized in your state’s law can also result in an older will being considered valid.
Ambiguity in Beneficiary Designations
Beneficiaries in your will must be identified with clear and complete names to avoid potential confusion and disputes among potential claimants. It’s also possible that a beneficiary could predecease you, so you should include alternate instructions just in case.
Not Updating When Moving to a New State
Trust & Will notes that while “a properly executed will” written in your home state will usually hold up if you move to another, state-specific laws can have a big impact on “spousal property rights, estate, and inheritance taxes.” It’s important to revisit your will to check if it’s valid in your new home state and make any necessary adjustments.
Not Accounting for Special Circumstances
It’s easy to overlook things when writing your will, but it’s essential to consider all aspects of your life. Failing to include provisions for caring for your pets or transferring their ownership, for example, can lead to bitter disputes among your beneficiaries.
Errors in Asset Distribution
Contradictions within your will, such as overlapping or conflicting asset distribution instructions, can invalidate it. A lack of liquidity planning to cover estate expenses, debts, and taxes can also potentially force the sale of valued assets.
Neglecting the Possibility of Contestation
Disgruntled relatives often contest wills, so it’s important to include a no-contest clause to prevent this. Nolo notes that no-contest clauses “are designed to discourage disgruntled relatives from contesting your will” by “providing that anyone who does mount a legal challenge—and loses—doesn’t inherit a penny from you.”
Improper Handling of Jointly Owned Assets
Jointly held assets automatically pass to your partner upon your death, so there’s no need to include them in your will. It’s also important to account for the automatic transfer of other assets, such as life insurance or retirement accounts, which aren’t governed by your will.
Lack of Witness Credibility
Choosing witnesses who are minors, lack credibility, or have a vested interest in your will can lead to challenges. You must also ensure that witnesses are fully informed about their roles and the importance of their testimony regarding its validity.
Improper Execution
An improperly executed will might be contested as invalid for not conforming to state law. Justia explains that properly executed wills “generally must be written and signed by the testator and at least one, but usually two, witnesses.” Improper execution can also include evidence that a witness was underage at the time or that they didn’t watch the testator sign the will.
Ignoring International Assets
It’s important to consider the laws of the foreign countries where your assets are located, as they might have different inheritance laws and requirements. You might have to create a separate will for international assets, with translations for assets held in non-English speaking countries.
Relying on Verbal Promises
Making verbal promises about the distribution of your assets after your death that aren’t reflected in a written will may lead to confusion and disputes. Oral modifications to wills won’t be legally binding in most states, and any changes must be made in writing and with proper formalities.
Failure to Update After Legal Changes
Neglecting to review and update your will following significant changes in state or federal laws that affect estate planning and taxes can invalidate it. You should also ensure you don’t overlook changes in the legal status of your beneficiaries, whether they’re married, divorced, or adopted, that could impact their eligibility or share.
Not Safeguarding the Will
Safeguarding your will is important. Safety boxes only you can access, for example, will hinder the probate process until a court order is obtained. It should be in an accessible location where your executors and beneficiaries can find it after your death to prevent delays or disputes in the probate process.
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