3 Problems With Executing A Last Will Without A Trust Attorney

Law Blog

A last will is a document that allows people to decide who will inherit their property once they become deceased. Nonetheless, the execution of the last will involves several procedures used to validate it.

You must conduct your last will with your trust lawyer. The lawyer provides peace of mind and ensures that your loved ones inherit your properties per your wishes.

Discover some problems you may face if you execute the last will without a trust attorney.

1. Witnesses 

Ideally, you sign your last will in the trust attorney's office. Your attorneys, among other workers, act as witnesses of the signing procedure. On the other hand, executing a will outside your trust attorney's office without taking the appropriate steps may invalidate the will.

For example, suppose the will gets executed in the presence of friends, neighbors, or passers-by. In that case, they may be unable to identify the testator or declare the will's validity. Additionally, unqualified persons may not know the witnesses or the witness who signed first.

The lack of this information may hinder your loved ones from getting the rightful inheritance. It also reduces the chances of winning if they challenge the will. But, again, a qualified trust lawyer smoothens this process.

2. Compliance

You should have your will executed in a trust attorney's office to ensure that the presumptions provided by the estate laws get signed. In this case, signing your last will without the presence of a trust lawyer may lead to losing presumptions of validity. The will can also get executed in a way that is contrary to the statutory guidelines.

Additionally, you increase the chances of winning a case if the trust lawyer provides testimony in the court once objections to the will get filed.

3. Documentation

Executing the last will in a trust attorney's presence ensures that they keep a copy of the original document. They also keep the record to maintain control of the document. On the contrary, executing the last will at alternate conditions may reduce the chances of having a complete record. You may also lose the documents.

Additionally, there are chances that the document may get mishandled, replaced, or changed. This situation may raise significant concerns about the inheritance of your property.

Conclusion

If you are executing your last will, you should consult with a trust lawyer to ease the will execution process for your family. Additionally, if you face challenges with your will, a trust lawyer helps you with the process. They ensure that your will addresses all legal issues.

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