Wills & Trusts Lawyer Pottstown

Drafting a will or establishing a trust is one of the most important steps you can take to protect your family’s future. At Brandywine Estate & Probate Lawyer, our skilled wills & trusts lawyer works with clients in Pottstown to create clear, customized estate plans. To discuss your options and secure your legacy, call 484-285-5707 and schedule your consultation.

Common Mistakes That Can Make Your Will Invalid

When preparing your will, it is essential to ensure that it is legally valid. A will is a critical part of your estate plan because it dictates how your assets will be distributed after your death. However, certain mistakes can invalidate your will, leaving your estate in a state of uncertainty or dispute. Understanding these mistakes and avoiding them can help ensure that your final wishes are respected.

Failure to Meet Legal Requirements

Each state, including Pennsylvania, has strict legal requirements for creating a valid will. These rules are in place to ensure that your wishes are clearly outlined and legally enforceable. A failure to meet these requirements can result in your will being contested or disregarded by the probate court.

Lack of Witnesses One of the most common mistakes is failing to have witnesses sign the will. In Pennsylvania, a will must be signed by the testator (the person creating the will) in the presence of at least two witnesses. These witnesses must then sign the will themselves. If the will is not properly witnessed, it can be considered invalid, and your wishes may not be honored.
Improper Signing The signing of the will must be done voluntarily and in front of the witnesses. If the testator is not mentally competent or under duress when signing, the will may be considered invalid. It’s also crucial that the will is signed by the testator and the witnesses at the same time, and any alterations to the document should be made in the presence of the witnesses.
Not Having the Will Notarized While a notary is not always required in Pennsylvania, having your will notarized can provide an extra layer of protection. A notarized will is self-proving, meaning that you don’t have to call your witnesses to court to testify that they saw you sign the will. However, if you choose not to notarize your will, you must ensure the witnesses are available to testify to the validity of the document.

Ambiguities in the Will

Clarity is crucial when drafting a will. Vague language or unclear terms can lead to confusion among your beneficiaries, potentially resulting in disputes and lengthy court battles. Common issues include:

Unclear Beneficiary Designations One common mistake is not specifying your beneficiaries clearly. For example, simply naming “my children” without listing their full names or leaving out one of your children can create confusion. If there are multiple people with the same name, such as cousins or siblings, ambiguity in who is being referenced can lead to a contested will. Be specific and list your beneficiaries in clear terms to avoid confusion.
Not Defining Personal Property Personal property, such as family heirlooms or sentimental items, can often cause disputes if not clearly identified in the will. Failing to list these items or describing them in vague terms can result in disagreements among your heirs about who is entitled to them.
Inconsistent or Contradictory Provisions If your will contains provisions that conflict with one another, it can cause confusion and invalidate parts of the document. For example, if you leave your house to one person but later state in another part of the will that the house should be sold and the proceeds divided among your children, the court may struggle to interpret your intentions. The best practice is to ensure that your will is consistent and all instructions align with your wishes.

Failure to Update the Will

Another mistake that can invalidate your will is failing to update it after major life changes. Over time, your circumstances, family dynamics, and assets may change. If your will is not updated to reflect these changes, it can result in unintended consequences.

Not Updating After Marital Changes If you get married, divorced, or remarry, it’s crucial to update your will to reflect these changes. In Pennsylvania, a divorce automatically revokes any provisions that benefit your former spouse. If your will isn’t updated after a divorce, your ex-spouse may inherit from your estate, contrary to your wishes. Similarly, if you marry after creating a will, your new spouse may not be entitled to anything unless specifically named in the document.
Not Reflecting the Birth of Children or Grandchildren If you have children or grandchildren after creating a will, you need to update your will to include them. Otherwise, they may be unintentionally left out of the inheritance process. Pennsylvania law does provide a safety net for children born after a will is executed, but it’s always best to specifically name them in your will to avoid confusion.
Not Account for Changes in Assets Over the years, you may acquire new assets, such as property, investments, or valuable personal items. If your will does not account for these new assets, it could result in the wrong person receiving them or them being left out of the estate entirely. Regularly updating your will to include these new assets is essential to ensure that your estate is distributed according to your wishes.

Inadequate Execution of a Codicil

A codicil is an amendment to an existing will. It’s often used when small changes need to be made without rewriting the entire will. However, codicils must be executed in the same way as the original will, which includes proper signing and witnessing.

Not Executing a Codicil Properly

If you create a codicil and do not have it signed and witnessed correctly, the changes will not be legally valid. This can lead to confusion over your intentions, and parts of your estate plan may be invalidated. If the codicil is improperly executed, it might even be completely disregarded by the probate court.

Improper Appointment of Executors

Choosing an executor is a vital part of the estate planning process. The executor is responsible for ensuring that your wishes are carried out according to the terms of your will. If the executor is not properly named or is unable to serve, it can delay the probate process or cause confusion.

Failing to Name an Executor

If your will does not name an executor, the court will appoint one for you, which may lead to complications. A will without an appointed executor can be challenged by family members or may result in an extended probate process. It’s important to clearly name an executor in your will to ensure that someone you trust handles your estate.

Choosing an Unqualified or Unwilling Executor

Choosing someone who is unable or unwilling to serve as your executor can cause delays and additional complications. If your chosen executor is unable to fulfill their role, the court will need to appoint a new one, leading to potential delays in the probate process. Make sure to choose an executor who is capable of handling the responsibilities involved.

Not Consulting with a Legal Professional

Many people make the mistake of preparing their will without the assistance of an estate planning attorney. While it’s possible to write a will on your own, the complexity of state laws and the importance of getting the details right make consulting with a lawyer highly advisable.

An estate planning lawyer can ensure that your will meets all legal requirements and is drafted correctly. Without professional help, you may inadvertently make mistakes that could invalidate your will. An experienced lawyer will also help you understand how your will fits into your broader estate plan, including trusts, powers of attorney, and other important documents.

A valid will is an essential document for ensuring that your estate is managed according to your wishes after your death. However, there are many potential pitfalls that can make a will invalid. From failing to meet legal requirements to neglecting to update the will as life circumstances change, there are numerous mistakes that can have serious consequences for your estate.

Plan Your Legacy with a Wills & Trusts Attorney

A well-crafted will or trust is crucial in ensuring your assets are distributed according to your wishes. At Brandywine Estate & Probate Lawyer, our wills & trusts attorney in Pottstown provides expert legal guidance to help you build an estate plan that suits your needs. Reach out today at 484-285-5707 to schedule a consultation and take control of your legacy.