Fatal Errors in Execution
One of the most common reasons a will or trust is declared invalid is due to the failure by the testator or grantor to follow all required formalities for executing their will or trust.
Also, people commonly decide to change their will or trust by making handwritten notes or crossing through language on their will or trust in an attempt to make a codicil or amendment. Codicils and amendments must be executed in accordance with the same requirements as the original will or trust.
These execution requirements are set by state law. Before executing any estate planning document, become informed about the probate laws of your state or consult an estate planning attorney for guidance.
Estate Planning Documents Must be Properly Executed to be Enforced
When it comes to executing estate planning documents, the devil truly is in the details. If you have any doubt about whether you can follow the execution instructions to the letter, you should have a lawyer prepare your will, living trust, power of attorney, and other estate planning documents rather than using a do it yourself approach.
If you have no legal education or training, it is likely you will miss one or more steps or execution formalities if you attempt to use do it yourself estate planning forms instead of hiring an attorney. Unfortunately, what appear to be small, unimportant details to a layperson are often critical details to making an estate planning document effective. One simple error can make the entire document unenforceable resulting in the testator dying without a valid will, or subjecting his entire estate to probate in the case of an invalid living trust. This occurs with great frequency in the case of changes to an existing will, called a codicil, and amendments to living trusts.
There are many articles and resources on pennyborn.com to help ensure you have the information necessary to properly execute your estate planning documents. When doing so, it is important to pay close attention to all instructions received from your attorney or any service you use to prepare your estate plan.