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4 mistakes that could jeopardize the validity of your will

On Behalf of | Apr 7, 2023 | PROBATE & ESTATE ADMINISTRATION - Estate Planning

The stakes associated with executing a will are high, so you’ll want to get it right. There is little point in making a will only for your loved ones to discover that it isn’t enforceable.

Here are four reasons that your will may not function as you intended

1. You did not sign the document or have someone witness it

Idaho law says that you need to execute your will in writing and sign it in the presence of two witnesses who must also sign it. While there are allowances made for certain exceptions, it is much easier for someone to challenge a will that does not meet those standards.

2. You left estate planning until you fell seriously ill

Lying in a hospital under the influence of extremely strong painkillers or living in a care home due to advanced dementia are not ideal times to make or update your will. Someone who is unhappy with it may claim you did not have the mental ability to make such an important decision.

3. You did not clarify that the most current version supersedes all other versions

It’s easy to add a line or two explaining that a new version of your will invalidates anything else you have written. Despite this, many people have launched challenges because they felt there was doubt about which version was most up-to-date.

4. Forgetting to alter additional documentation

Remember that your will might not control all of your estate. If you have already used a beneficiary designation on something like a life insurance policy, updating your will cannot change that. You’ll need to amend the beneficiary designation itself in the event that you want to change it.

Estate planning help is available to avoid pitfalls and increase the likelihood that your wishes will be honored as intended. Seeking assistance can also help you to protect your loved ones’ interests as well.