Creating a will is an important step in ensuring the fulfillment of a person’s wishes after death. However, mistakes in a will can cause confusion for family members and may even lead to legal disputes.
Avoiding common errors can make the probate process smoother and help you outline your intentions.
Unclear or vague language
When a will does not clearly describe how to distribute assets, various family members may interpret the document differently. For example, saying “divide my estate fairly” leaves room for disagreement. Specific wording and clear instructions help prevent misunderstandings. Each beneficiary and asset should be clearly identified to avoid disputes.
Not updating the will
Failing to update a will is another frequent mistake. Life changes such as marriage, divorce, the birth of a child or the death of a beneficiary may require revisions. If a will does not reflect these changes, the outdated instructions may cause conflict. Regularly reviewing and updating a will helps ensure that it aligns with your current wishes.
Naming an unsuitable executor
Choosing the wrong person to serve as the executor can lead to complications. An executor handles the estate’s affairs, including paying debts and distributing property. Selecting someone who lacks the ability to manage financial matters or follow legal processes may cause delays or mistakes. It is important to choose someone responsible and capable of managing these duties.
Omitting digital assets
Many people forget to include digital assets in their wills. Digital assets may include online bank accounts, social media profiles and digital photos. Without clear instructions, family members may struggle to access or manage these assets. Listing digital accounts and providing directions for their handling can prevent confusion.
Improper execution of the will
Maryland law requires specific steps to make a will valid. A will must be in writing and signed by the testator in the presence of two witnesses. If these formalities are not followed, the will may face challenges in probate court. Ensuring proper execution protects the will’s validity.
By avoiding these common mistakes, your will can provide clear guidance and reduce confusion for family members. Proper estate planning helps ensure competent management and proper distribution of your estate.