Most people create a will with the idea that once they die, decisions on the distribution of their estate has already been made, therefore, their wishes will be followed and they can have peace of mind.
Unfortunately, this is not always the case. Unless your estate planning documents: wills, trusts, etc. …. are set correctly can run in the family battles and litigation of the Court on who gets what. A carefully planned and executed will is the ultimate shield to a disgruntled heir.
Tips to prevent a challenge to after death & to create a rock-solid will:
- All conversations between the maker of the will and the prosecutor should be recorded (notes conversations, cover letters, drafts, e-mails, telephone calls, etc…)
- Recognize special relationship in documents designation of beneficiaries: beautiful children, partners, longtime friends and other heirs with close relationships;
- If a legal heir is “deprived” the will must state the name and relationship of each disinherited heir and the intention of the will-manufacturer of “disinherit” each;
- Keep a copy of the doctor’s physical and mental condition report of the will manufacturer on the day that the will was signed;
- Keep a list of all participants in the signing ceremony and everyone who saw the will that day;
- All life friends, not strangers, are expected to attend the signing of any property, planning documents;
- Execution of wills and trusts must be certified by more than the number of witnesses required by law;
- Keep copies of all previous created wills.
The Council is best to be completely honest in your planning documents for real estate. Secrets are never a good thing in a family. If you expect the family to be disappointed, to inform every one of changes in your writing, estate planning documents.