Why the Best Will You Can Buy Is a Lawyer-Prepared Will
Are you tempted to prepare your own will online or with a will kit? Do you know who can defend your will in court? Who will your loved ones call if your will is challenged? They will call a lawyer, sure. But what evidence is available to prove your wishes?
Wills are legal documents that can be contested and set aside by judges. If you do not use a lawyer, your witnesses are the only ones to speak to your will.
Wills must comply with legal formalities for signing, witnessing and proof of testamentary capacity. Estate lawyers are legally trained and required to keep notes when they prepare wills. They are experts who can testify that all legal formalities were complied with at the time your will was signed.
Advantage of lawyer-prepared wills
Lawyers are expert witnesses. Courts expect lawyers to meet with you alone. Lawyers need to ask probing questions to establish testamentary capacity. If there is any doubt, they will seek more evidence. And they must keep notes that can later be used as evidence to support your wishes.
Lawyers can verify that the will signing formalities were complied with. Also, your lawyer can satisfy courts that you had testamentary capacity.
You may think your wishes in your will won’t be questioned. Keep reading and discover if you are correct.
Wills Can Be Contested
Will challenges happen for many reasons, including if you have:
- a lack of knowledge and approval of the will terms
- not complied with signing requirements
- a lack of testamentary capacity
- experienced undue influence
- been a victim of fraud
Sometimes, reasons behind will challenges are emotional:
- Your brother got a larger share than you
- Unlike you, he didn’t have any conditions put on his gift
- Your niece got the cottage you expected to inherit
Your parents’ wills could be out of date. You got the family business in the will, but it was sold before your parents died. Now you get nothing.
Was that what your parents wanted?
You asked your next-door neighbours to witness your will. They spent a total of 9 minutes watching you sign documents.
What will they recall if your will is contested? Will they be available or willing to help if this happens?
Can they appear in court when your will is contested?
Do they know the requirements for testamentary capacity?
Will they know what are suspicious circumstances?
Will they know why anyone was disinherited in the will?
Having your will prepared by an estate lawyer is the best investment you can make. It will protect your loved ones and your money. You can rely on an estate lawyer’s evidence and notes to support your will in court. Estate lawyers are obligated to do this as professionals. They are also insured if they make mistakes.
Not having a lawyer-prepared will could be the biggest blunder you can make. You may believe that your estate is simple or that your family will not contest your will. You may be gambling with their future. Call me for a meeting to discuss your needs.
I invite you to read my free report, How to Avoid the Worst Financial Blunder You Can Make When Preparing Your Will.Download Free Report Posted In: Estates, Wills On: July 31st, 2020