Your will represents your financial legacy, reflects your care for your loved ones, and ensures your final wishes are upheld. In other words, your will is a key estate planning tool that speaks for you when you’re gone. However, your will must be legally valid to accomplish this. A range of common errors can jeopardize its validity.
Estate planning law is complex, but an experienced Killeen estate planning attorney has the skill and attention to detail necessary to give you peace of mind.
Getting Your Will in Great Shape
The most important step in ensuring your will is legally valid is working closely with a knowledgeable estate planning lawyer. When you choose this path, you can be confident that your will is properly executed and will accomplish what you intend.
Here are common errors to watch for. Understanding them can help you clarify your wishes and create a strong legal document.
Altering Your Will Improperly
Once you and your attorney have finalized your will, consider entrusting the original to your lawyer while keeping a copy for yourself and your executor in a safe but accessible location.
Even a small change to your will, such as removing staples or adding notes, can trigger a legal challenge. If you want to make changes to your will in the future, do so through your attorney to ensure your updated will is properly executed. High emotions following a loss can lead to disputes, so keeping your will neat and current is in everyone’s best interests.
If you need help modifying an existing will, speak with a Killeen estate planning lawyer to avoid missteps.
Failing to Revisit Your Will Regularly
Keeping your will pristine is important, but keeping your will up to date is just as essential. Life events such as the following can affect your estate planning needs:
Marriage
The birth of a child
Death of a loved one
Major financial changes
It’s wise to schedule regular reviews with your estate planning lawyer. This helps ensure your will remains aligned with your wishes throughout your life.
Not Following Texas Legal Requirements
Your will must meet specific legal requirements to be valid in Texas:
It must be in writing (typed, printed, or handwritten).
A handwritten will (holographic will) must be written entirely in your handwriting and signed by you.
A typed or printed will must be signed and dated in the presence of two witnesses, who must also sign.
You must be at least 18 years old and of sound mind.
You must also execute your will voluntarily, without coercion. This is particularly important if someone providing care or support is involved in the will.
Have questions about Texas will requirements? Contact a seasoned Killeen probate attorney for guidance.
Choosing the Right Witnesses
Texas requires that two credible witnesses observe you signing your will and sign it themselves. It's best to choose witnesses who are not named in your will. If your witness stands to inherit, it may lead to complications during probate.
Witnesses must be at least 14 years old. Choosing older, impartial witnesses is generally advisable.
Skipping the Self-Proving Affidavit
Although your will does not have to be notarized, including a notarized self-proving affidavit adds legal strength. This affidavit confirms the validity of your will without requiring your witnesses to testify in court.
You, along with your two witnesses, must sign the affidavit in the presence of a notary. Once notarized, it should be attached to your will.
Mishandling a Disinheritance
If you plan to disinherit someone who would otherwise inherit under Texas intestacy laws, tread carefully. Overly dramatic explanations (or simply not mentioning it at all) can invite legal challenges.
Avoid leaving the person out entirely. Instead:
Name the individual and state your relationship.
Mention their descendants if applicable.
Clearly state your intention to make no financial provision for them.
This straightforward approach leaves little room for disputes.
Using a Weak No-Contest Clause
No-contest clauses deter heirs from challenging your will by stating that if they contest and lose, they forfeit their inheritance. However, if the potential inheritance is small, the clause may be ineffective.
If you suspect someone may contest your will, your attorney can help you draft a strong clause or consider disinheritance as a better option.
Attempting to Disinherit Your Spouse
Texas is a community property state, so your spouse is legally entitled to half of the marital estate. Your spouse also retains homestead rights, meaning they can remain in your shared home for life.
Trying to disinherit your spouse may lead to a contested will. It’s best to respect these rights and work within the law.
Including a Laundry List of Small Gifts
Leaving many small personal gifts in your will can create unnecessary complexity. Each gift involves administrative time and costs.
It may be more practical to give small gifts during your lifetime or use a separate legal instrument, such as a personal property memorandum.
Discuss alternative gifting methods with a Killeen estate planning attorney to keep your estate plan streamlined.
Ignoring Executor Compensation
Your executor is responsible for managing your estate through probate. This includes tasks such as locating and valuing your assets, paying outstanding debts and taxes, handling court filings, maintaining property, notifying beneficiaries, and ultimately distributing assets as directed by your will. These duties can be time-consuming and complex, especially during an emotionally difficult period.
Texas law allows executors to receive reasonable compensation for their efforts. However, if you do not specify the amount or percentage of compensation in your will, it can lead to uncertainty or conflict among heirs. Including a clear directive on executor compensation in your will helps prevent disputes and sets expectations upfront.
If you choose not to compensate your executor—for example, if your executor is receiving a generous inheritance or is a close family member—it’s still important to clearly state that intention in your will. Additionally, be sure to speak with the person you intend to appoint as executor to confirm they are both willing and prepared to take on the role.
Speak to an Experienced Killeen Estate Planning Lawyer Today
Estate planning protects your legacy and ensures your final wishes are honored. Brett Pritchard at the Law Office of Brett H. Pritchard is a trusted Killeen estate planning attorney with extensive experience in drafting legally sound wills.
Call us at (254) 781-4222 or contact us online to schedule your FREE consultation today.