People drafting their own wills often make small errors that lead to bigger issues. If a testator, or person preparing the document, is inexperienced in wills and probate law, they may not be aware of the legal requirements or be able to anticipate the areas that are unclear or lack detail.

Below are five common areas individuals overlook when preparing a will on their own:  

1. Residual Clauses

A residual clause deals with assets the testator acquires later. A document should always contain a paragraph stating what to do with these additional acquisitions, or else the state will distribute them as they see fit.

2. Detailed Descriptions of Gifts

Wills that aren’t clear about which gifts they’re leaving to whom can result in disputes among family members and friends. For example, a parent owning a car worth $5,000 and another worth $20,000 leaves their vehicles to their two children. If the will doesn’t specify which car is for which child, they’re left to argue over how to interpret it.

3. Incomplete Names

Names spelled incorrectly or that are incomplete cause confusion. Wills should include first, middle, and last names, dates of birth, addresses, and relationships to the testator. When leaving property to organizations, the testator must include the business’s full proper name, address, and Tax ID number if available.   

4. Signing & Dating Wills

People who draft wills on their own often forget to sign and date them. Wills are not valid unless the testator’s signature and date are present.

5. Proper Witnesses

Nebraska’s wills and probate law requires at least two witnesses for a printed will to be valid. Witnesses must observe the testator sign the will, then sign it in the testator’s presence — and they should not be beneficiaries under the will.

When it comes to wills and probate law, it’s better not to take chances. David R. Webb, Attorney at Law in Lincoln, NE, offers sound legal advice to ensure your property and assets are properly handled. Always up-to-date with changing laws, David has earned a reputation for quality and efficient representation. Call (402) 477-7577 today or contact him via his website for a consultation appointment.