Having a will is an essential aspect of estate planning. It provides a clear directive on the distribution of assets and the care of dependents after one’s passing. It ensures your wishes are honored and can prevent potential disputes among beneficiaries.
However, many people, a will is not enough and, in such situations, we recommend a trust. If you don’t have a trust but only a will, you must be cautious to make sure the will is not invalid. An invalid will can lead to significant legal complications, rendering your intentions null and potentially causing distress for your loved ones during a difficult and emotional time for them. For these reasons, you must ensure your will complies with California’s legal standards and is free from common pitfalls.
There are several reasons that a will may prove invalid. It is important for testators to be aware of these pitfalls in order to avoid them. By understanding the factors that can invalidate your will, you can take proactive steps to safeguard your estate and provide peace of mind for those you leave behind.
Improper Execution
The requirements vary from state to state, but California requires a valid will to be witnessed by two people not named in the will. Some jurisdictions require the document to be notarized as well, but not California. Although these restrictions may be relaxed if the will is holographic (handwritten), it is best to satisfy these requirements to ensure that the testamentary document will be honored by the probate court. If you had your will prepared outside of California, you may want one of the estate planning attorneys at Schneiders & Associates to review to make sure it complies with the requirements of California law.
Lack of Testamentary Capacity
Anyone over the age of 18 is presumed to understand what a will is. At the end of life, individuals are often not in the best state of mind. If a court finds that an individual is suffering from dementia, is under the influence of drugs or alcohol, or is incapable of understanding the document being executed for some other reason, the court may invalidate the will on the grounds that the individual does not have testamentary capacity.
Replacement by a Later Will
Whenever an individual writes a new will, it invalidates all wills made previously. This means that a will might be believed to be valid for months until a more recently executed document surfaces. The newest will always take precedence, controlling how assets should be distributed. One method to help avoid multiple and inconsistent wills being found at the time of the testator’s death is to have the originals kept with a depository and to destroy former wills. Schneiders & Associates maintains original will for our clients in a safe and secure manner and without charge.
Lack of Required Content
Every will is required to contain certain provisions to carry out its purpose. These provisions ensure that the testator understands the reason for executing the document. It should be clear that the document is intended to be a will. The document should demonstrate an individual’s wishes in regard to what should happen to his or her property after death. A proper will should also include a provision to appoint an executor to act as an agent for the estate and enforce the terms of the will. If the document lacks any of these provisions, the will may be declared invalid. Most of the estate planning clients at Schneiders & Associates utilize trusts as their principal means of disposition on death. In those cases, the will typically leaves assets not mentioned in the trust, and which may require probate, to be distributed to the trust. This is called a “pour-over will” because the assets subject to probate are poured over into the trust.
Undue Influence or Fraud
A will that was executed under undue influence, coercion or fraud will be invalidated by a court. If a will has been presented to a testator for a signature as if it were any other document, like a power of attorney or a business contract, the court will find that the will was fraudulently obtained and will not honor it. If an individual providing end of life care with exclusive access to the testator threatens to stop care unless a will is modified, that modification is considered to be the result of undue influence and the court will not accept it.
The Dangers of an Invalid Will
An invalid will can lead to numerous legal, financial, and emotional repercussions for your loved ones. These consequences include:
- Intestate Succession – If your will is deemed invalid, your estate will be distributed according to the laws of intestate succession, which vary by jurisdiction. This means your assets may be allocated to relatives in a predefined order, which may not align with your wishes.
- Family Disputes – An invalid will can lead to conflicts among family members, especially if there are differing interpretations of your wishes. These disputes can result in lengthy and costly legal battles, causing emotional strain and potential permanent rifts in relationships.
- Delayed Estate Settlement – The process of determining the validity of a will can significantly delay the administration of your estate. This can postpone the distribution of assets, leaving beneficiaries without access to funds they may urgently need.
- Increased Legal Costs – Challenging or defending a will’s validity in court can incur substantial legal fees. These expenses can diminish the estate’s overall value, reducing the inheritance your beneficiaries receive.
- Unintended Beneficiaries – Without a valid will, your estate might end up in the hands of unintended beneficiaries. This could include estranged family members or distant relatives with whom you had little to no relationship.
- Tax Implications – A well-drafted will can include tax-saving provisions. If your will is invalid, your estate may miss out on these benefits, potentially increasing the tax burden on your beneficiaries.
- Vulnerable Beneficiaries – Specific provisions for the care of minor children or dependents with special needs may be rendered void if your will is invalid. This could leave vulnerable beneficiaries without the necessary protection and resources you intended to provide.
How a California Estate Planning Lawyer Can Help
The complexities surrounding the validity of a will underscore the importance of seeking professional guidance from a skilled attorney throughout the estate planning process. An experienced estate planning lawyer possesses the knowledge and resources to guide you through the intricacies of estate law, ensuring that your will is drafted accurately and complies with all legal requirements.
By enlisting the help of an attorney, you can avoid common pitfalls that might otherwise render your will invalid. Your lawyer will work with you to clearly articulate your wishes, address potential legal challenges, and provide counsel on the best strategies to protect your estate and beneficiaries.
Ultimately, a well-crafted will, supported by professional knowledge and experience, will offer valuable peace of mind to you and your loved ones and ensure that your legacy is preserved as you intended. Taking this proactive step not only safeguards your assets but also provides clarity and comfort to your family and beneficiaries when they need it the most.
If you have any questions regarding your will or estate plan in general, please call and make an appointment with one of the knowledgeable estate planning attorneys at Schneiders & Associates. Our team has over 100 years of combined experience assisting clients with their estate planning needs and is committed to helping you achieve your goals. Contact us today to get started.