Personal Will Playbook

Ensure your wishes are honored and your loved ones are protected. A properly executed will prevents family disputes.

4
Critical Red Flags
2
Warning Signs
6
Protections to Ask For
4 min
Estimated Skim Time
Quick Jump
Biggest Trap in Personal Will Contracts

Beneficiary as Witness

In many states, a beneficiary who witnesses the will forfeits their gift

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The 3 most important things to check first

1

Missing or Invalid Witnesses

Most states require 2-3 disinterested witnesses. Invalid witnessing can void the entire will.

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2

No Residuary Clause

Assets not specifically bequeathed may pass through intestate succession to unintended heirs.

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3

Missing Date

An undated will may be invalid or create questions about which will is most recent.

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Critical Red Flags

Requires immediate attention
critical

What to Watch For

Common red flags we find in these contracts

Missing or Invalid Witnesses

Critical

Most states require 2-3 disinterested witnesses. Invalid witnessing can void the entire will.

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Warning Signs

Review carefully
warning

What to Watch For

Common red flags we find in these contracts

No Alternate Beneficiaries

Warning

If a beneficiary predeceases you and no alternate is named, the gift may lapse.

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What to Ask For

Must-Have Protections

Checklist of protections your contract should include

Essential (Must Have)

Testamentary capacity declaration

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What's Fair

Industry Benchmarks

What is normal vs. what should raise concerns

Metric
Industry Standard
Red Flag
Witnesses required
2 disinterested
Fewer than 2
Executor bond
Waived
Required (increases costs)
Update frequency
Every 3-5 years
10+ years outdated
Self-proving affidavit
Included
Not included
Unlock benchmark values

Benchmarks based on industry standards. Individual contracts may vary based on specific circumstances.

Negotiation Scripts

Negotiation Tips

2 scripts available

Copy-paste scripts for common negotiation scenarios

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Scenario

You want to disinherit a child

"If you want to exclude someone, explicitly state this rather than omitting them...."

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Scenario

Concerns about beneficiary managing inheritance

"Rather than an outright gift, consider a trust with distributions at certain age..."

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Common Traps

Common Traps

Sneaky clauses that often catch people off guard

Beneficiary as Witness

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Related Playbooks

Prenuptial Agreement

Prenups, postnups, and marital property agreements

Divorce/Separation Agreement

Divorce decrees, separation agreements, and marital settlements

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