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When writing a will, it's important to be as accurate as possible to ensure your wishes are carried out in the most effective ways. The slightest error or omission can derail the probate law process and open the door to challenges to the estate, so it’s essential to be mindful of how you're writing the will and who is included in it. Below, the estate planning attorney at The Law Offices of Charley Johnson in Centerville, TX, share a few common mistakes to avoid when writing a will.

3 Common Will-Writing Mistakes

1. Failing to Keep the Document up to Date

One of the most prevalent will-related mistakes is failing to keep the document up to date. If you've lost a spouse through either death or divorce, gotten married or entered a serious long-term relationship, or had or adopted children, a will should reflect these types of changes. Also, it's not unheard of for a person's fortunes to change, for better or worse, and the will should take these changes into account. 

2. Failing to Get Proper Witnesses

estate planning attorneyThe specifications for a will are precise and clear. Two people—other than yourself and any beneficiaries named therein—must witness the signing of the document; they must then sign it. The witnesses should be trusted people who are over the age of 18 and of sound mind and body. If a will has only one signature or a signature from a witness who could potentially be seen as someone who influenced the decisions made in the will, the whole document can be declared invalid after your death.

3. Failing to Make Provisions for Children

A will allows an individual substantial freedom in designing their legacy. Surely, your children are the biggest part of that legacy, and making provisions for their care should be a central component of any estate plan. Name someone to take over as their guardian—being sure to discuss it at length with them beforehand—and make any special requests or plans regarding the children's upbringing. Many people choose to set up trusts or other financial arrangements for their children; an estate planning attorney can advise you about the various options available.

By regularly updating a will, having proper witnesses, and making plans for the care of any minor children, you are taking proactive steps to protect your legacy. When it comes time to start drawing up a will or other estate plans, trust The Law Offices of Charley Johnson to guide you through every step of the process; attorney Johnson also offers representation to Leon County residents in criminal defense, real estate, and family law matters. Call (903) 536-2185 or visit his firm online to schedule an appointment with an estate planning attorney today.

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