The Top Ten Mistakes You Should Avoid in Drafting and Safeguarding Your Will
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A look at the top ten mistakes you can make in drafting and safeguarding your will. The author also reminds individuals that they need to leave sufficient copies of their wills with trusted friends so unscrupulous relatives don’t destroy their only copy.
If you are thinking about writing your own will, no matter where you live, wills are a way for individuals to ensure who receives their estates at the time of their death. But in making their wills, people do the craziest things. Here are my top ten mistakes people make in drafting their own wills.
1. Writing the will in crayon as a joke and forgetting that a handwritten will can be valid.
2. Forgetting to sign the will and throwing it away by mistake.
3. Forgetting to date the will and then using it to line the bottom of the bird cage for safe keeping.
4. Forgetting where they put their will, or that they even have a will.
5. Asking unscrupulous Uncle George to draft the will for them.
6. Letting the baby play with the will.
7. Mailing the will to themselves and putting the wrong address on the envelope.
8. Crying while they make the will and having tear drop smudges.
9. Food stains on the will that make it illegible.
10. Letting unscrupulous Uncle George keep the will.
A will is too important to leave its drafting to your Uncle. Let a professional draft the will, make sure it’s properly witnessed and a copy kept for safe keeping.
Wills are not complicated, but without certain clauses, they can invite will contests and your wishes may be ignored by the court or the state.
If you have forgotten if you have a will, and if you did create one, where you put it (a common problem) it is simple to make a will that takes effect over any and all previous wills you may have made.
Don’t let an unscrupulous relative destroy your only copy of a will. If you have one, make copies and give one to your attorney and your executor and place other copies with your important papers and documents. If you have assets in excess of two million dollars and even if you have less than that, you may also want to create a living trust or talk to an estate planning lawyer.
ABOUT THE AUTHOR: R. Sebastian Gibson
Sebastian Gibson graduated cum laude at UCLA in 1972 and received law degrees in the U.S. and the U.K., graduating with an LL.B. magna cum laude from University College, Cardiff in Wales and a J.D. from the University of San Diego School of Law.
Mr. Gibson began his legal career in San Diego before practicing for years in London, England. Today, he has offices in Rancho Mirage and Palm Desert, Newport Beach, and the firm’s Of Counsel office is in Carlsbad, San Diego.
Mr. Gibson’s firm practices law in a wide variety of areas of law including trusts, wills and estate planning throughout Southern California from San Diego, Orange County, Irvine, Anaheim, Huntington Beach, Santa Ana, Ontario, Rancho Cucamonga, La Jolla, Temecula, Buena Park, Riverside, San Bernardino, Indio, Chula Vista, Escondido, Costa Mesa, Laguna Beach, Santa Monica, Santa Barbara, Ventura, Oxnard, San Luis Obispo, Indian Wells, Fullerton, Orange, Palm Springs, Palm Desert, and Newport Beach to Carlsbad.
Copyright Law Firm of Attorney R. Sebastian Gibson
More information about Law Firm of Attorney R. Sebastian Gibson
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
1. Writing the will in crayon as a joke and forgetting that a handwritten will can be valid.
2. Forgetting to sign the will and throwing it away by mistake.
3. Forgetting to date the will and then using it to line the bottom of the bird cage for safe keeping.
4. Forgetting where they put their will, or that they even have a will.
5. Asking unscrupulous Uncle George to draft the will for them.
6. Letting the baby play with the will.
7. Mailing the will to themselves and putting the wrong address on the envelope.
8. Crying while they make the will and having tear drop smudges.
9. Food stains on the will that make it illegible.
10. Letting unscrupulous Uncle George keep the will.
A will is too important to leave its drafting to your Uncle. Let a professional draft the will, make sure it’s properly witnessed and a copy kept for safe keeping.
Wills are not complicated, but without certain clauses, they can invite will contests and your wishes may be ignored by the court or the state.
If you have forgotten if you have a will, and if you did create one, where you put it (a common problem) it is simple to make a will that takes effect over any and all previous wills you may have made.
Don’t let an unscrupulous relative destroy your only copy of a will. If you have one, make copies and give one to your attorney and your executor and place other copies with your important papers and documents. If you have assets in excess of two million dollars and even if you have less than that, you may also want to create a living trust or talk to an estate planning lawyer.
ABOUT THE AUTHOR: R. Sebastian Gibson
Sebastian Gibson graduated cum laude at UCLA in 1972 and received law degrees in the U.S. and the U.K., graduating with an LL.B. magna cum laude from University College, Cardiff in Wales and a J.D. from the University of San Diego School of Law.
Mr. Gibson began his legal career in San Diego before practicing for years in London, England. Today, he has offices in Rancho Mirage and Palm Desert, Newport Beach, and the firm’s Of Counsel office is in Carlsbad, San Diego.
Mr. Gibson’s firm practices law in a wide variety of areas of law including trusts, wills and estate planning throughout Southern California from San Diego, Orange County, Irvine, Anaheim, Huntington Beach, Santa Ana, Ontario, Rancho Cucamonga, La Jolla, Temecula, Buena Park, Riverside, San Bernardino, Indio, Chula Vista, Escondido, Costa Mesa, Laguna Beach, Santa Monica, Santa Barbara, Ventura, Oxnard, San Luis Obispo, Indian Wells, Fullerton, Orange, Palm Springs, Palm Desert, and Newport Beach to Carlsbad.
Copyright Law Firm of Attorney R. Sebastian Gibson
More information about Law Firm of Attorney R. Sebastian Gibson
View all articles published by Law Firm of Attorney R. Sebastian Gibson
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
