Writing a will is one of those things you do to make life easier for your loved ones. You want your wishes to be clear and your assets to go where you want. But even the best-written will can be challenged in court. This can lead to delays, extra costs, and family stress. Many people are unaware that certain aspects of their will can be challenged or overturned. If you want your will to stand up, you need to know what could cause problems. Here are six things in your will that could be challenged instantly—and what you can do about them.
1. Outdated Beneficiaries
Naming beneficiaries is a key part of any will. But if you haven’t updated your will in years, you might have people listed who are no longer in your life. Perhaps you’ve been divorced, remarried, or lost touch with someone. If your will still names an ex-spouse or a friend you haven’t seen in decades, this can be challenged. Courts often become involved in disputes when someone feels left out or when a named beneficiary is no longer relevant. To avoid this, review your will every few years or after any major life event. Ensure that your beneficiaries accurately reflect your current wishes and relationships. This simple step can prevent a lot of headaches later.
2. Ambiguous Language
Wills need to be clear. If your will uses vague or confusing language, it leaves the door open to challenges. For example, saying “I leave my car to my nephew” is not enough if you have more than one nephew or more than one car. Ambiguity can lead to arguments among family members and even court battles. Lawyers and judges will have to guess what you meant, and that’s never good. Be specific about what you’re giving and to whom. List full names, relationships, and detailed descriptions of items. If you want to leave something to “my children,” name them. Don’t assume everyone will know what you meant.
3. Unequal Treatment of Children
Leaving more to one child than another is a common reason wills get challenged. Perhaps you have a valid reason for it, but if you don’t explain your decision, it can lead to resentment and potential legal action. Siblings may feel hurt or left out, and they might argue that you were pressured or not thinking clearly. If you want to treat your children unequally, consider writing a letter to explain your reasons. This won’t stop a challenge, but it can help the court understand your intent. You can also discuss this with your family ahead of time to avoid any surprises.
4. Gifts to Caregivers or Non-Family Members
Leaving money or property to a caregiver, friend, or someone outside the family can raise red flags. Family members may claim that the person took advantage of you or pressured you into changing your will. Courts scrutinize these situations closely, especially when the gift is substantial. If you want to leave something to a caregiver or non-family member, it is recommended that you document your decision. Write down why you’re making the gift, and make sure you’re of sound mind when you sign your will. It’s also smart to have a lawyer present and use witnesses who are not beneficiaries. This can help show that your decision was your own.
5. Signs of Undue Influence or Lack of Capacity
If someone thinks you were pressured or not mentally capable when you made your will, they can challenge it. This is called “undue influence” or “lack of capacity.” It’s a common reason for will contests, especially if you were sick, elderly, or dependent on someone at the time. To protect your will, make sure you’re clear-headed when you sign. Consider getting a doctor’s note stating you’re of sound mind. Use a lawyer to draft your will and have neutral witnesses. These steps make it harder for anyone to claim you weren’t acting freely or didn’t understand what you were doing.
6. Outdated or Invalid Will
Laws change, and so do your circumstances. If your will is outdated or doesn’t meet current legal requirements, it can be challenged or even invalidated. For example, some states require two witnesses, while others need three. If you move to a new state, your old will might not be valid there. Handwritten wills, or “holographic wills,” are not accepted everywhere. If your will isn’t signed or witnessed correctly, it’s easy to challenge. Review your will with a lawyer every few years, especially if you move or your family changes. Ensure your will complies with all applicable legal requirements in your jurisdiction.
Protecting Your Will from Challenges
A will is only as strong as its weakest part. If you want your wishes to be honored, you need to keep your will up to date, clear, and legally sound. Review it after big life changes. Use clear language. Talk to your family about your decisions. And always follow the legal rules in your state. Taking these steps can help your will stand up if it’s ever challenged. Remember, a little effort now can save your loved ones a lot of trouble later.
Have you ever seen a will get challenged? What happened, and what do you wish had been done differently? Share your story in the comments.
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The post 6 Things Still in Your Will That Could Be Challenged Instantly appeared first on Clever Dude Personal Finance & Money.
