When you plan your estate and create a will, it’s vital that you do so in accordance with the law. If you don’t follow the law when you create your will, it may not be held up in court, which could result in someone contesting your will.
One thing to remember is that a will must be signed in accordance with your state laws. If you have moved with your will, it’s a good idea to talk to your attorney about changes that may need to be made. Every state has its own specific rules, so updating your will is vital.
Another thing you’ll want to verify is that you had the capacity to sign your will and know what it entailed. If someone can allege that you had dementia or another condition that made it impossible for you to make decisions for your will, it could invalidate the will completely. The testimony of the witnesses of the will is highly important. You should have the witness indicate your mental state. You may even wish to have a doctor sign off on your mental health if you fear that your will may be contested in the future.
By taking the time to update your will and having a witness sign off on your mental capacity during your estate planning process, you can make sure that those who would challenge your will have no leg to stand on. Your attorney can help you design a will that will stand up to those who want to challenge it despite knowing your wishes.
Source: The Balance, “What Are the Grounds for Contesting a Will?,” Julie Garber, accessed July 19, 2017
