Top 5 Issues With Wills
A will is a crucial part of any estate plan. Understanding how a will works, what to watch out for, and what to address while you’re alive is essential. Nearly all will-related issues could have been corrected ahead of time—but by the time problems are discovered, you’re no longer here to fix them. Below is an overview of the top issues our firm regularly encounters when updating estate plans and handling probate.
1. Validity of the Will
For a will to be legally valid, the grantor must be of sound mind when signing (or directing someone to sign on their behalf), and it must be witnessed by two individuals who are not related to or receiving assets from the grantor.
One of the most common issues we see is wills that are not properly signed or witnessed. Sometimes, people mistakenly believe a diary entry, a notarized letter, or an unsigned document will suffice—these are technically deficient and cannot be admitted to probate. Ensuring the will meets legal requirements is essential to prevent disputes and delays.
2. Ambiguities in Language
Poorly drafted wills with vague or unclear language can create serious disputes among beneficiaries. Uncertainties regarding asset distribution or beneficiary identification often lead to litigation and unintended outcomes.
For example, if a will states, "Divide my estate equally among my children," but does not specify whether stepchildren are included, disagreements may arise. Clearly defining who inherits what can prevent unnecessary legal battles and ensure your wishes are honored.
3. Failure to Update the Will
Life events—such as marriage, divorce, the birth of children, or the passing of a beneficiary—can make a will outdated. If a will is not updated to reflect these changes, it may no longer align with the testator’s intentions.
Additionally, if the named executor or beneficiaries pass away before the testator, the probate process can become more complicated. Regularly reviewing and updating your will ensures that it remains accurate and effective.
4. Challenges by Disgruntled Heirs or Beneficiaries
Wills are often contested by heirs who feel they were unfairly treated or excluded. Common challenges involve claims of undue influence, fraud, or improper execution. For example, if one sibling receives a larger inheritance than others, disputes may arise.
These conflicts can often be avoided by:
- Including an explanation in the will
- Writing a letter to accompany the will
- Discussing estate plans with heirs in advance
- Using estate planning tools, such as trusts, to provide clarity
For example, if it is culturally appropriate to leave a larger portion of the estate to unmarried children, stating that explicitly in the will may prevent disputes later.
5. Misunderstanding What Is an Estate Asset
Not all assets are controlled by a will. Any asset with a named beneficiary or joint ownership with rights of survivorship bypasses the will and goes directly to the designated person.
A common mistake occurs when a testator tries to distribute assets in a way that unintentionally creates an imbalance. For instance, if one child is given a life insurance payout while another receives real estate, but the life insurance already has both children named as beneficiaries, the child receiving real estate may end up with more than intended. Understanding what is and isn’t an estate asset is crucial to ensuring fair distribution.
Conclusion
A will is one of the most important legal documents you’ll ever create, but it must be properly drafted, maintained, and stored to serve its purpose. Regularly reviewing your will ensures it reflects your current wishes and avoids common pitfalls. Remember, once a will is being used, you’re no longer here to clarify your intentions.
Need to create or update your will? Our experienced estate planning team can help ensure your will is valid, up to date, and structured to prevent disputes. Schedule a call with us today to discuss your estate planning needs and gain peace of mind.
