When people hear about wills, they think, “oh, I am dying soon,” and so on. When an average person hears about wills, almost nothing positive comes to mind. It should not be so; every adult with assets should have a will.

What is a will?

According to Wikipedia, “will or testament is a legal document that expresses a person’s wishes as to how their property is to be distributed after their death and which person is to manage the property until its final distribution.”

A will is a legally enforceable document that specifies how an individual’s assets and possessions will be allocated upon death. It is a vital document for guaranteeing the care of your loved ones and the fulfillment of your intentions.

Without a will, your intentions can not be enforced after your death. The law will share your assets in the manner that it deems fit. The best way you can guarantee this is by creating a will. A will is a testamentary document, as it derives its validity after the testator’s death.

Testator is a person who owns the will. Testators often need to correct several things when writing their will. This may result in costly and time-consuming legal challenges, as the beneficiaries will be in and out of court.

To avoid causing controversies and issues between the beneficiaries, here are some mistakes to avoid when writing will or testamentary document;

1. Not writing a will

One of the most common errors people make is failing to write a will. Many assume they need substantial assets to justify writing a will or may not consider it. Even if you do not have many properties, a will allows you to specify how you want your possessions distributed. A guardian might also be appointed for any younger children. Without a will, your assets will be distributed according to state law, which may not be by your preferences.

2. Not Updating your Will as your Assets Increase 

This is another significant mistake testators make. As your assets increase, you need to keep updating your will. This is because whatever is not specified in the testamentary document will not be dispersed according to the will. Instead, it will be following the state laws. Individuals frequently need to update their will to reflect life changes. For example, if you have subsequently married, divorced, or had children, you must revise your will to reflect these events. Please do so to avoid misunderstanding, a dispute among your loved ones, and legal difficulties.

3. Not Naming an Executor

 A critical aspect of a will is naming an executor who will be in charge of carrying out the terms of the will and administering the distribution of your assets. If you do not select an executor, the court will appoint one for you, which might result in delays and additional costs. Furthermore, the court-appointed executor may be someone other than someone you would have picked yourself. So you should name one yourself in the will. 

4. Not Being Specific Enough 

 It is critical to be as detailed as possible while writing your will. This includes specifying how and to whom you want your assets allocated. For example, suppose you want certain goods, such as jewelry or a family treasure, to go to specific people. In that case, you should express this in your will. Vague or generic wording might cause confusion and disagreements among family members.

5. Not getting it witnessed and signed correctly

A will must be signed and witnessed by two people not mentioned in the will to be legally binding. This must be done appropriately, as a will that needs to be correctly signed and witnessed may be ruled unenforceable. Furthermore, certain states have special witness requirements, such as requiring witnesses who are not beneficiaries of the will. You must be informed of your state’s regulations and that your will is properly signed and witnessed.

Finally, a will is essential for ensuring that your loved ones are cared for, and your intentions are followed. However, people make some frequent blunders when making their will. These include failing to have a will, failing to update their will, failing to name an executor, being explicit enough, and having it witnessed and signed correctly. Avoiding these blunders will guarantee that your will is legally binding and efficient in carrying out your objectives. Also, you can reach out to lawyers for consultations so that they can assist with this.