Top 5 Mistakes to Avoid When Writing a Will
Writing a will is one of the most significant things you can do to safeguard your family and ensure that your wishes are respected. However, many people make costly errors when creating a will — mistakes that can result in legal problems, family discord, or an unsuccessful transfer of assets. We guide clients through estate planning with clarity and compassion here at The Kalia Law Firm. These are the five biggest mistakes to avoid when writing your will:
Not Having a Will at All: It may not be shocking, but the biggest mistake you can make with a will is not having one in the first place. If you die without a will, your estate will be divided according to provincial or state laws — not your wishes. This may lead to delays, increased expenses, and parties who inadvertently benefit. Some things are too important to be left to chance.
Failing to Update Your Will: Life changes — and so should your will. No longer married, divorced, or have kids, someone in your will has passed away, or you’ve won the lottery, any number of life events can necessitate a change in your last will. An old will can be as bad as no will, particularly if it doesn’t engage with your present circumstances or the people in your life.
Choosing the Wrong Executor: It is the job of your executor to manage your estate and ensure that your wishes are fulfilled. Picking someone who proves not to be trustworthy, available, or capable can result in waste and mismanagement. Ensure that you select someone reliable and, preferably, appoint an alternate in case your first choice is unavailable.
Being Vague or Ambiguous: Clarity is key in a will. Ambiguous wording or conflicting orders can create confusion and even lead to litigation. For one, saying “divide everything” without specifying what “everything” means can be problematic. Be as clear as possible about your finances, the beneficiaries, and your intentions.
Attempting to DIY Without Legal Assistance: Online templates and DIY kits can be tempting, but they often fail to meet legal guidelines — particularly those specific to your jurisdiction. A poorly written will could potentially be ignored or cause you to have parts of your estate disinherited. With advice from a wills and estates lawyer, you can ensure your will is valid and meets your specific requirements.
Final Thoughts
A will may not be enough to secure your legacy and protect the people you love. The Kalia Law Firm offers our clients an estate planning service that guides you through each stage of this reassurance process.
Are you looking for help writing or updating your will?
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