The execution process of a will needs to be done correctly to make it valid.
The dangers of making mistakes in the technical aspects of a will which could make it invalid were illustrated in a recent post on the Wills, Trusts & Estates Prof Blog titled "Case Summary on Attestation of a Will."
The article discusses a recent decision by the Maryland Court of Special Appeals. In the case, a will consisted of six numbered, loose pages. The person who made the will signed it on Page Five, while the witnesses signed it on Page Six. The will contents ended on Page Five in the middle of a statement.
For its part, Page Six started with language that did not appear to follow what was on Page Five. The witnesses’ signatures did not come with a formal attestation that they had actually seen the creator sign the will. Despite those flaws, the court decided that the will could be given a presumption of having been properly executed.
Some states are stricter about what they will accept than the Maryland court. Even in Maryland, people should be careful to properly execute their wills.
This case had to be decided by an appellate court, which doubtlessly cost the estate a lot of time and money.
An estate planning attorney can be crucial in guiding you in the creation of a valid will that will hold up in scrutiny by the courts.
Reference: Wills, Trusts & Estates Prof Blog (Dec. 10, 2016) "Case Summary on Attestation of a Will."
