Three Problems to Avoid in Making a Will

Problem #1 - Don't Use Family Members as Witnesses

The rules relating to the formalities for execution of a Will are among the most strict of all legal rules. One common error is to have family members or other beneficiaries of your Will act as witnesses. Having a beneficiary witness a Will does not necessarily, in all states, invalidate the Will.  However, it will make the admission of the Will to probate more complex and costly.  It may also increase the probability of a Will contest.  

Problem #2 - Never Execute More Than One Copy

Your Will will not be invalid because you execute multiple originals.  However, if all of the originals of your Will cannot be located upon your death, a court will need to be convinced that the instrument should be admitted to probate nonetheless.  There could even be a contest as to whether the Will should be admitted under any circumstances.  Those who would take under a prior Will and those who would take if there were no Will may argue that the instrument offered for probate as your Will is not valid.  

Problem #3 - Never Make Changes to the Original Signed Copy

If you keep the original of your Will (something you should not do as discussed in my last post), and you want to make changes to it, you should not write on the original instrument.  Handwritten changes on your original Will almost never will be regarded as valid and may result in the invalidity of the underlying instrument.  

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