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Common Mistakes to Avoid When Writing Your Will

By Joshua Berkley
Attorney

Writing a will is one of the most important steps you can take to protect your loved ones and ensure your wishes are honored. A well-crafted will provides clarity and guidance, making what can be a challenging time for your family a little easier. Without a valid will, Kentucky law will determine how your assets are distributed, which might not align with your intentions. Taking the time to prepare your will carefully helps safeguard your legacy and brings peace of mind for the future. Here are some common mistakes to watch for.

Overlooking Certain Assets

It’s easy to assume that your will automatically accounts for everything you own, but this is a common misconception. Many people forget to include assets such as digital accounts and sentimental items. For example, your social media accounts, cryptocurrency, or even a treasured family heirloom might go unmentioned. Overlooking these can create confusion and even lead to disputes among loved ones. 

To avoid this, take time to make a comprehensive list of your assets—both tangible and intangible—and ensure they are addressed in your will. We can help you identify and account for all the assets that matter most so nothing is left out and your wishes are followed without unnecessary complications.

Not Having Proper Witnesses

In Kentucky, your will must be signed in the presence of at least two witnesses who are not beneficiaries to be legally valid. Failing to meet this requirement could result in your will being declared invalid, leaving your estate to be distributed under Kentucky’s intestacy laws. Witnesses ensure the authenticity of your will, confirming that you signed it willingly and with a sound mind. To avoid issues, choose witnesses who can attest to these requirements. We can guide you through the process to ensure your will meets Kentucky’s legal standards.

Forgetting to Name an Executor

Naming an executor in your will is a critical step that ensures your wishes are carried out after you pass away. The executor is responsible for managing your estate, paying debts, and distributing assets according to your instructions. If you don’t name someone, the court will appoint an administrator, which can delay the process and create unnecessary stress for your loved ones. Choose someone trustworthy, organized, and willing to take on the role. We can help you make an informed decision and clearly outline their responsibilities in your will.

Failing to Update Your Will After Life Changes

Life is full of changes, and your will should reflect them. Major events like marriage, divorce, the birth of a child, or acquiring significant assets often require adjustments to your estate plan. For example, failing to update your estate plans and beneficiaries after a divorce might result in unintended benefits for an ex-spouse. Similarly, not including a recently born or adopted child could potentially result in unintended and undesirable consequences. Outdated wills can lead to confusion, disputes, and outcomes that don’t align with your intentions. 

It’s important to review your will regularly and update it as your circumstances evolve. We can help you ensure your will stays current, protecting your loved ones and keeping your wishes intact no matter how life changes.

Kentucky-Specific Issues: Handwritten Wills and Intestacy Laws

In Kentucky, handwritten wills, also known as holographic wills, are legally recognized but must meet strict requirements. They must be entirely written and signed by the testator to be valid. However, these wills are more prone to disputes, often lacking witnesses or clarity.  If every legal requirement is not met, the court will entirely disregard the document.

If you pass away without a valid will, Kentucky’s intestacy laws determine how your assets are distributed. This typically favors close family members, which may not align with your wishes. For example, unmarried partners or stepchildren may receive nothing under intestacy rules. Kentucky law also does not automatically provide for all of your assets to go to your spouse. To avoid these issues, it’s important to create a will that meets all legal requirements. 

Practical Advice for Writing a Legally Sound Will

Creating a legally sound will helps ensure your wishes are followed without unnecessary complications. Here are some practical tips:

  • List all assets: Begin by making a list of everything from property and bank accounts to digital assets and sentimental items.  Then determine which items will be transferred to beneficiaries and which ones need to be specifically listed in your will.  If you aren’t sure, this is a place where legal assistance can be of great benefit.
  • Choose a reliable executor: Select someone you trust to manage your estate and carry out your instructions.
  • Follow legal requirements: In Kentucky, your will must be signed in the presence of two witnesses.  Best practices involve making the will “self-proving” so that witnesses do not have to be called to court upon your death.  This is done by properly notarizing the signatures.
  • Review regularly: Update your will after major life changes, such as marriage, divorce, or the birth of a child.

We’re here to guide you through the process and help you create a will that protects your loved ones and your legacy.

Secure Your Legacy with Berkley Oliver

Avoiding common mistakes when writing your will is essential to ensure your wishes are honored and your loved ones are protected. At Berkley Oliver PLLC, we’re here to help you create or update your will with care and precision. Contact us today to schedule a consultation and take the first step toward securing your legacy.

About the Author
Josh Berkley is an attorney and owner at Berkley Oliver PLLC who helps individuals implement plans to protect their assets and their loved ones. Josh focuses his practice in the areas of Estate Planning, Probate, and Elder Law.  From assisting young parents in making a plan to provide for their children, to helping senior clients qualify for Medicaid, Josh works with clients to create estate plans and life plans tailored to each person’s specific goals. He also helps clients with a wide variety of important legal documents such Wills, Trusts, Powers of Attorney, Healthcare Surrogate Designations, and Living Wills. If you have any questions regarding this article, contact Josh here.