When creating a will, precision and adherence to legal standards are crucial to its effectiveness. When a will is poorly drafted, it can lead to several issues that might trigger challenges and potentially invalidate the will. Here are several ways poor drafting can adversely impact the validity of a will:
Noncompliance with legal requirements
Creating a will without considering the requirements of the law can lead to the document’s invalidation. Lack of testamentary capacity, improper execution and lack of witnesses during the drafting of a will are grounds to challenge a will and can lead to its invalidity if the contest is successful.
Lack of clarity
When a will is poorly drafted, it can result in vague or ambiguous language, which in turn can lead to disputes among involved parties about what the testator’s intentions really were. This can result in lengthy court battles and the potential invalidation if the court cannot determine the testator’s intention.
Inconsistencies
Drafting wills require careful consideration of the terms within the will and other legal documents, such as previous wills or trusts. Without this, contradictions may arise and can cast doubts on the testator’s intentions and potentially lead to the invalidity of the will.
Take proactive steps with proper estate planning
When estate planning, it is crucial to meticulously plan and draft your will and other estate plan documents to ensure their effectiveness. Otherwise, it could potentially lead to disputes and challenges which can prolong your estate’s administration and put your loved ones under unnecessary stress.
Having a properly executed will is possible through adequate research and experienced legal guidance.