The Secrets to a Successful Will

As long as the assets get distributed “naturally”, then technically every Will can be considered a successful Will.  A Will makes a natural disposition if it benefits your spouse first and then your children equally, or some similar disposition.  A truly successful Will can be measured as a Will that, once read, is carried out without difficulty, dispute, or an overly long probate process.  If you are looking to draft a Will that prevents disputes among your loved ones after you are gone, then consider implementing the following measures during the drafting process.

  • Explain the Decisions – You may think that a Will is just a place to put your wishes down, and in essence that is true, but there is plenty of room for explanation as well. In fact, including an explanation along with each decision will dramatically cut down on Will disputes because your reasoning is right there on legally binding paper.
  • Choose the Right Executor – Even if you wrote a rock-solid Will, if you choose the wrong person to serve as your executor to carry out the terms of your Will, then all your work can quickly be unraveled. The person you assign to carry out your Will is also responsible for caring for your estate as well, and it can be a lot of work. If you believe that one person may crumble under the responsibility or act unfairly to one or more family members, then you might want to consider assigning multiple people to the role.
  • Make Sure the Will Complies with the Correct Formalities – Your last testament can be a funny thing.  Whether your Will is handwritten or typed, specific requirements exist to make the Will valid.  You must ensure that you comply with these conditions to ensure that your wishes are carried out correctly.

There is still a lot more to consider when drafting a will, so if you are in Texas and need a skilled estate planning attorney to advise you, contact us today.