Preparing a will is a critical component of estate planning. If you pass away without a will, your assets will be distributed to your descendants or heirs according to the state’s intestate laws, which may not match what you want to do with them.
In addition to providing legal assistance with writing your will, our knowledgeable estate planning attorneys can also provide advice if you are seeking to modify or revoke your will due to changing life circumstances. Working with a Warrendale wills lawyer could help you avoid mistakes that could lead to legal disputes among your heirs.
Any adult individual over the age of 18 can create a will, according to 20 Pa.C.S. § 2501. The person who creates the will is called the testator.
A will is not legally enforceable under 20 Pa.C.S. § 2502 unless it meets certain form requirements. First, your will is only valid when it is in writing or typed. You must also sign the document.
A will is valid when the testator was of sound mind at the time of its creation. Since many individuals drafting or updating a will are elderly, the question of mental capacity is often a hotly litigated issue.
Whether or not an individual was of sound mind depends on the specific facts of the situation. In general, the person drafting the will should have the competency to understand the nature of their actions, the property they own, and who stands to inherit that property.
A Warrendale wills lawyer could help you make sure the document addresses all the assets you wish to leave to others. Assets not addressed in the will could be distributed automatically under the state’s intestate laws.
In some cases, you may need to modify or revoke your will or update it to reflect changing life circumstances.
The state outlines several events after which a testator should modify their will in 20 Pa.C.S. § 2507, including marriage, divorce, or birth or adoption of a child.
Failing to update your will upon the occurrence of one of these events could result in some of your assets remaining subject to the state’s automatic intestate distribution laws. For example, a child not named in a will can still inherit a portion of your property through intestacy, but they may not inherit the portion you would like them to have.
20 Pa.C.S. § 2505 says you must revoke or alter your will unless you make a new will in writing. Any written document that complies with the form and manner requirements for wills can revoke or modify a previous will.
Additionally, a will is considered revoked if it is burnt, torn, canceled, or destroyed by the testator or at their express direction. Revoking your will only revives an earlier will if that intention is explicitly stated.
You can contest a will if you believe it was drafted or modified due to wrongdoing or does not comply with 20 Pa.C.S. § 2502. You can also contest a will if you are a beneficiary who stands to inherit from a will, a prior will, or through state intestacy laws.
For example, if a testator was not of sound mind, a potential beneficiary could argue they lacked the mental capacity to create a legally valid will. Some other grounds upon which someone could challenge a will are:
A Warrendale wills lawyer can help you understand your legal options if you believe a will is not valid or was the product of wrongful acts.
When you are going through the estate planning process, hiring a Warrendale wills lawyer can help you avoid costly mistakes and potential litigation about who gets your assets.
If you are a potential beneficiary and wish to challenge a will that you believe is the product of wrongdoing, our attorneys are here to help guide you through the probate process. Contact us today.
Please feel free to attend one of our elder law workshops for more information about estate planning.
