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Making sure your will is enforceable

Wills can be a very helpful tool for a person when it comes to having their desires regarding their property carried out upon their death. However, wills can only serve this important role when they are legally enforceable. There are certain mistakes that can cause a will to be unenforceable. Such mistakes can undermine the entire purpose of a will and can make it so all the work a person did to form a will was for naught. Thus, avoiding such mistakes is very important.

One type of mistake that will generally render a will legally invalid is failing to sign the will. Generally, here in Texas, a signature is required for a will to be enforceable. Thus, a will typically won't be enforceable until it's signed.

Individuals may sometimes fall into a trap of putting off signing a will they have had drafted. By doing this, they could be risking their will never becoming enforceable, as there is always the chance tragedy could strike before they get their signature on the will. Thus, procrastination regarding signing a will is yet another type of estate planning procrastination it is vital for individuals to steer clear of.

Failure to sign is not the only thing that can lead to a will being unable to be legally enforced. There are a wide variety of potentially will-invalidating mistakes, including mistakes regarding the witness requirement.

Estate planning attorneys can help individuals understand what it takes to make a will enforceable and what steps can be helpful when it comes to avoiding mistakes that could put a will's enforceability in danger.

Source: The Street, "3 Terrible Estate Planning Mistakes You Need to Stop Making," Scott Gamm, August 14, 2015

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