What Should You Include in Your Will to Ensure Clarity and Avoid Disputes?

How Do I Avoid Disputes by Ensuring Clarity in Writing My California Will?

Preparing your will may be one of the most important things you do to ensure your legacy is passed on to those you love. Of course, you will want to ensure it is legally sound and will not result in questions, confusion, or the nightmare of family disputes after you are gone. In a time of grief, you can help bring peace of mind to all concerned by ensuring your final will and testament are explicit regarding your wishes.

What Should My California Will Contain?

There are many tips for making a will iron-clad against disputes, but a solid foundation is the best place to start. Knowing and fully covering the basics is the first step to confusion-free will. All California wills should cover the following items:

Executor: The individual appointed to carry out your intentions as covered by your will. This includes the settling of your debts and distribution of your assets.
Family identification: By listing your family members in the will, you will clearly define the relationships between each one and their right to inheritance. You should include your chosen family in this step to ensure that anyone without legal or biological ties is correctly acknowledged.
Beneficiaries: The individuals or entities that will receive your assets at the time of your passing. Remember that this can include organizations, such as charities, in addition to people.
Asset distribution: Your will needs to list how your assets will be distributed amongst your named beneficiaries.
Consideration for communal property: After marriage in California, all property acquired is considered communal property under CA Family Code § 760. After you pass, community property is automatically transferred to your surviving spouse; different arrangements are possible but need to be clearly defined in the will with the help of legal counsel.
Guardians for minor children: Include the full name and legal address of the person or persons you would like to look after your children.
Testator signature: The “testator” is the person writing the will who is leaving their legacy, in this case, you. You must be over 18 and sign the document while you are of sound mind for it to be valid.
Witness signatures: Two witnesses not named in the will must be present and sign it. They must be able to testify in court that you were present, signed the document, were of sound mind, and were aware the document was your will and represented your intentions for the distribution of your assets after death.

Common Causes of Family Disputes

These are the common causes of family disputes over California wills:

Vague language
Unequal asset distribution
Omission of family member names
Allegations of undue influence
Claims the testator was mentally impaired
Claims the will is forged
Disputes over sentimental property

The most common causes of disputes can be avoided by ensuring the foundation of the will is strong. This will include naming each family member and ensuring the will is correctly witnessed. Some additional strategies may help make your wishes clear and definitive.

Disinheriting Should be Explicit

If you intend to remove someone from your will, leaving their name out of the document can lead to questions. The person should be named in your list of family members, and a simple but explicit statement should be made to show you are intentionally excluding them as a beneficiary, such as:

“It is my intention that [family member] shall receive no part of my estate.”
“I expressly omit [family member] from my will, and they are not to benefit from my estate in any way.
“I make no bequest or gift to [family member] in this will.”

You can consider adding the reasoning or justification behind your decision for increased clarity, but this is not legally necessary. Estrangement, poor financial management, and conflicting life choices are some reasons that may be given. Use tact and discuss the wording with legal counsel to avoid creating unnecessary emotional tension.

Consider Using a Nominal Sum Rather than Disinheriting

In some situations, leaving a nominal amount rather than disinheriting a person can be more effective. By leaving a relatively small sum to the family member, you acknowledge them without providing a meaningful inheritance. By structuring your will in this way, you demonstrate that the exclusion was intentional and lessen the possibility of a dispute or questions about omission.

Add a “No Contest” Clause

A comprehensive “no contest” clause may be a good idea if you are concerned about litigious family members. Such a clause states that if any beneficiary disputes your wishes, they risk losing any inheritance they were named to receive. “No contest” clauses can be implemented, but these clauses also have limitations. According to California Probate Code Section 21311, no contest clauses are not the ultimate safeguard but can function as a useful deterrent.

Clarity Will Not Protect You from Outdated Language

Even if you write the most clearly worded will, if the document is out of date when you pass, it may still cause questions and open the door to familial disputes. If you finished your estate plan years ago and have since adopted a new child, gotten a divorce, and moved to a new location, this may leave your will up to interpretation by the state if you pass away unexpectedly. Experts recommend updating your will every three to five years. When you work with Cava & Faulkner, we update your documents every three years.

Communication Can Prevent Surprises and Manage Expectations

An obvious but often overlooked tip to avoid surprises and potential family disagreements is to discuss your estate plan with family members and loved ones before it is needed. If everyone concerned knows your intentions for bequeathing your assets, there will be far less confusion when the time comes.

Protect Your Future with Cava & Faulkner

Leaving a legacy behind to your loved ones is a very satisfying feeling. Don’t let concerns over familial disputes or ambiguity ruin your peace of mind. At Cava & Faulkner, we are dedicated California estate planning lawyers with years of experience who go above and beyond for their clients. We can help you build an iron-clad will that represents your true wishes and will hold up in court long after you are gone. Contact us today for a free consultation at 916-831-7565 and protect your assets for those you care about.