What mistakes can invalidate your will?

On Behalf of | Mar 29, 2021 | Uncategorized

Many people create wills thinking they’re protecting their finances and assets to ensure they’re distributed to their beneficiaries following their death in Southern Indiana. Unfortunately, many people don’t realize that there are errors present in their will that can invalidate the document.

Some of the most common mistakes that can invalidate your will include failing to destroy a previous will. Failing to have proper witnesses with two or three people over the age of 18 can also make it invalid. Some people make the mistake of creating a holographic will that doesn’t contain any witnesses as well.

Fraud or undue influence, as well as not following the state’s will provisions, are also common reasons wills are not recognized. Research your state’s requirements and preferred language to ensure that you have a valid will.

How to ensure your will is valid

If you want your will to be valid, the document should be in writing, preferably as a printed document. At least two adult witnesses must sign the document and include the date. Most people sign it in ink, but digital signatures are also becoming more common.

You must also have the mental capacity and be of sound mind to ensure that you’re aware of what you’re doing when creating the will. Some states will even require that you understand the disposition of the assets.

Who can you contact for legal assistance?

If you need assistance creating a will, contact an attorney to help you avoid common mistakes. A legal professional will guide you through the process to ensure that the will meets the state’s requirements. They can also assist you with related matters, including estate planning, elder law and title services.