Drafting a last will and testament can feel overwhelming. Thinking about the end of life isn’t easy, and planning for the distribution of your assets and care of loved ones can stir up a lot of emotions.
It’s natural to feel uncertain about what should be included, what language to use, and how to make sure your wishes are carried out as intended. Many people put off creating a will because it seems overwhelming, but taking action now can provide peace of mind for both you and your family.
At Wadler Perches & Kerlick, we have offices in Wharton, Richmond, Fulshear, and Bay City, Texas. We help clients throughout Fort Bend County, Wharton County, Matagorda County, and Southeast Texas avoid common pitfalls in estate planning.
Drafting a will isn’t just about listing your assets—it’s about making thoughtful choices that protect your loved ones. Reach out to us to talk about how we can help you plan for the future.
Failing to Be Specific
One of the most frequent mistakes people make when drafting their last will and testament is being too vague. General statements like “I leave my property to my children” can lead to confusion or disagreements later on. Clear, specific language prevents misinterpretation and reduces the likelihood of disputes.
Consider these points when being specific:
Detailing personal property: Describe items clearly, such as “my 2005 Toyota Camry” rather than just “my car.”
Naming beneficiaries directly: Use full names, including middle names, to prevent confusion between family members with similar names.
Clarifying percentages: When leaving assets like bank accounts or investment portfolios, specify percentages or amounts instead of vague shares.
Being precise with your last will and testament may take a little more time up front. However, it can save your loved ones a lot of stress and potential legal conflict.
Neglecting Updates
Life changes, and your last will and testament should reflect those changes. Many people draft a will once and forget about it, but failing to update your will can create serious complications.
Here are situations that commonly require updates:
Marriage or divorce: Changes in marital status can affect who inherits your assets.
Birth or adoption of children: New family members may need to be added as beneficiaries or guardians.
Significant asset changes: Acquiring property, selling assets, or receiving an inheritance should be reflected in your will.
Relocation or changes in law: Moving to a new state or changes in Texas law can affect how your will is interpreted.
Regularly reviewing and updating your will keeps your plans current and avoids unintended outcomes. Setting reminders to review your will every few years or after major life events is a simple way to maintain its accuracy.
Overlooking Guardianship Designations
For parents or guardians, failing to appoint a guardian for minor children is a critical mistake. If a last will and testament doesn’t specify a guardian, the court may have to make the decision for you, which may not align with your wishes.
Here’s what to keep in mind:
Choose primary and backup guardians: Life is unpredictable, so have alternatives in place.
Discuss with potential guardians: Make sure they’re willing and able to take on the responsibility.
Consider financial arrangements: Specify how guardians should handle your children’s inheritance or living expenses.
Designating guardians in your last will and testament gives you confidence that your children will be cared for by someone you trust, reducing uncertainty during a difficult time.
Ignoring Residual and Contingent Beneficiaries
Many wills name primary beneficiaries but overlook residual or contingent beneficiaries. This can cause assets to go to the wrong people if a beneficiary passes away before you do.
Here’s what to include:
Residual beneficiaries: State who should receive the remainder of your estate after all specific gifts are distributed.
Contingent beneficiaries: Name backups in case a primary beneficiary is unable to inherit.
Charitable gifts or trusts: Include details if you want certain portions of your estate donated or managed in trust.
Addressing these categories in your will assures that every asset is accounted for and distributed according to your wishes. Without these designations, your estate could be divided according to Texas law, which may differ from your intentions.
Not Following Legal Formalities
Even a well-drafted will can be invalid if it doesn’t comply with legal requirements. Small mistakes in the execution process can lead to the entire document being contested.
Pay attention to these formalities:
Signatures and witnesses: Texas law requires that a will be signed by the testator and witnessed by at least two competent adults.
Handwritten vs. typed wills: Handwritten wills (holographic wills) are valid in Texas if entirely in your handwriting and signed, but typed wills follow a stricter procedure.
Safe storage: Store your will in a safe place and inform trusted individuals where to find it.
Taking the time to follow legal requirements correctly protects your will from challenges and gives you confidence that your instructions will be honored.
Reach Out to Our Experienced Estate Planning Lawyers
Drafting a last will and testament is an important step in protecting your family and your assets. By avoiding vague language, keeping your will up to date, designating guardians, naming residual and contingent beneficiaries, and following legal formalities, you can prevent disputes and make sure your wishes are respected.
At Wadler Perches & Kerlick, our attorneys help clients in Wharton, Richmond, Fulshear, and Bay City, Texas, as well as throughout Fort Bend County, Wharton County, Matagorda County, and Southeast Texas, carefully craft wills that reflect their wishes.
Reach out to discuss how we can support your estate planning and help you create a plan that provides peace of mind for you and your loved ones. Don’t wait—contact us today and take the first step toward protecting your family’s future.
