Estate Planning: Issues That Can Raise Contestation During Property Division
Failing to write a will or writing a faulty document is one of the most costly mistakes you could make. For instance, your property might end in the wrong hands if you do not appoint heirs to your estate. Besides this, an ill-drafted document might trigger a lengthy court battle as your family members disagree on the property division. Furthermore, disgruntled family members and others with vested interests can challenge your will in court, preventing your wishes from being carried out.
Because of that, you should draft an accurate and legally binding document to avoid trouble in the future. This article shares the common issues that bring about contestation of a will. Read on.
You Had Drafted Other Wills Previously and They're Still Valid
Your heirs might challenge your will if you had written other copies previously. In this case, each heir will want to support the document that allocates them more property. Unfortunately, this could create confusion and unending arguments among your heirs if you hadn't invalidated the previous documents. In addition to this, your family members have to spend a significant amount of time and resources seeking legal assistance.
The best way to prevent such a scenario is by hiring an estate planning lawyer when drafting your estate will. They will help you develop an accurate document that your loved ones should refer to after your demise. Usually, the attorney will date all versions of your will before writing a clause indicating that only the latest version is legal.
There Are No Witnesses or Other Necessary Elements
Wills are legally binding documents. Therefore, there must be witnesses when signing the document. You must also include other essential elements indicating who will inherit what after you die. If your document does not contain this relevant information or there are no witnesses to prove that you signed the document, different parties can challenge it.
For this reason, it's advisable to consult an estate planning lawyer when creating the document. They will guide you in this process, ensuring that you include all the necessary information. Besides that, they'll ensure that someone witnesses the signing of the document, and this way, you will avert disagreements among your heirs when you pass on.
There are many reasons why people can contest your will. Luckily, these issues are avoidable if you work with an estate planning lawyer. They will guide you through the drafting process to ensure that its contents meet all the requirements.