A will is an essential part of your estate plan. This legal document tells the executor how your assets should be divided. You can also include provisions about who should take care of your minor children if you die.
Nonetheless, there are enforceable wills and those that may not pass muster once it comes time to verify them. If you want to avoid challenges to your will, then it’s important to go through the proper channels when drafting it. Outlined below are a few important points to consider.
Following the law of your state
Each state has specific laws in regard to drafting wills. In California, for example, the testator must be at least 18 years old. When the will is signed, two legally competent witnesses must also be present. Furthermore, it’s important to keep in mind the precise legal language that each state implements. When people draft their own wills, without any legal assistance, they often find out the hard way that the document is not up to the required state standards.
What about your old will?
Generally, creating a new will revokes previous documents. However, it’s always best to be as safe as possible. Many individuals opt to physically destroy any previous wills or drafts once the latest version is complete. This can save disputes further down the line. If a previous will crops up, then it might be argued that it actually reflects your true wishes. While the newest version is likely to take precedence, it could take a lot of time to resolve the dispute in court.
The safest way to make sure that your will is watertight is to have some legal guidance on your side as you draft the document. This can help ensure that the inheritance of your loved ones remains intact.