When you create your Last Will and Testament, you want to create a legal document that explains exactly how you would like your property, assets, and other important items divided when you pass away. In theory, this one document should be a sufficient way of letting everyone know what you want to happen, and it should stand unchallenged. However, there are times when people disagree with what is written in the Will. Here are four reasons a Will might be contested.
1. You didn’t update your Will after a major life event
Sometimes, Wills are set aside and forgotten once they’ve been completed. However, if your Will fails to account for major life events like marriage, children, or a divorce; it’s likely your Will might be contested. Honestly, you would want this to happen. Most likely, you didn’t mean to exclude your spouse or children. You also probably wouldn’t mean to leave everything to a former spouse. Still, if you don’t update your Will periodically, this will be the official message you’re sending when you pass away.
2. There are multiple Wills
When you update your Will, there are a couple different things you could do. First, you could create a legal document that contains amendments to your already-existing Will. Second, you could create an entirely new Will. If there are multiple copies of a Will in existence, the court will normally use the most currently dated Will. However, if there are any errors (such as misspellings of names) that make the Will invalid, the previous version of the Will must be used. For this reason, it’s a good idea to destroy any Wills that no longer reflect your wishes.
3. Invalid Distributions
Another invalid aspect of Wills is that items are distributed that are not legally allowed to be distributed. For example, let’s say a person passes away and wants to leave the home to their child. This may not be allowed if the surviving spouse is still living in the home.
By including invalid distributions of possessions and misspellings in your Will, you run the risk that part or all of your Will would be challenged or deemed invalid. This would mean all your time and money spent creating the Will would be wasted.
4. There are questions about whether you were in your right mind when the Will was created
If you wait until you are seriously ill or just about to die to create your Will, it could be contested because people could claim you were not in your right mind. For this reason, it’s a good idea to create your Will while you’re still relatively young.
Do You Want to Create a Will that No One Will Contest?
The last thing you want to do is spend time and money creating a Will that no one will enforce when you’re deceased. In order to ensure your Will is valid and to reduce the likelihood of someone contesting it, it’s best to meet with a qualified attorney to create this important legal document. At Pence Law Firm, P.C., we can help you create an enforceable Will. Call our office today at (918) 367-8505 or contact us online to learn how we can help.
