When you can cry foul play in probate
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When you can cry foul play in probate

| Apr 22, 2020 | Estate Planning

Fulfilling your loved one’s final decrees can be a difficult undertaking, but you want to make sure you do it right. It may seem straightforward before you read the instructions, but problems can arise when the terms don’t seem quite right.

35% of people have or know someone who has experienced family fighting over a final will and testament. This can easily be the case when there are a few last-minute changes, especially if they’re in someone else’s handwriting. It’s important to know exactly when it’s time to take a closer look at the documents.

Underhanded undersigning

Regular updates over time aren’t unusual in estate planning, but the final draft has to reach legal expectations. Last-minute changes to the will aren’t out of the question, but a valid will has to meet a few merits:

  • Signed: The deceased has to have signed the will or it may not be valid. The crafter of the will can appoint someone to assist them in signing, but they likely have to show that the penning is supposed to act as a signature.
  • Complete: The courts could accept a will that is made entirely in the deceased’s handwriting without much fuss. As long as two people that won’t profit from the estate can attest to the fact that it’s the proper penmanship, then it will likely count.
  • Valid: If the will isn’t completely in the handwriting of the deceased, then there probably needs to have been witnesses present during the creation or the testator’s acknowledgment of the will.

Understanding what it takes to have a valid will can be a crucial first step. Make sure the will meets the state requirements, and you could make sure you can carry out your loved one’s wishes for their estate.