Wills: Why You Need One and How to Ensure It’s Legally Valid

Planning for the future is one of the most important steps anyone can take, yet many delay or overlook creating a will. A will serves as a clear expression of how a person wants their assets, property, and responsibilities handled after they pass. Without it, families may face confusion, disputes, or lengthy court proceedings. 

At Lampert Law Office, LLC, their Missouri estate planning attorney can attest to how critical it is to have a legally valid will in place that reflects your wishes and protects your loved ones. Raymond B. Lampert provides thoughtful, personalized legal support to help clients establish wills that meet all legal requirements.

Whether you’re creating a will for the first time or updating an existing one, we’re here to help you through the process, reduce the risk of disputes, and address related concerns like retaliatory discharge that can arise from contested estates.

Having a will in place helps prevent unnecessary hardship for loved ones. It establishes clear instructions for asset distribution, guardianship of minor children, and care of dependents. More importantly, it reduces the risk of retaliatory discharge from unexpected conflicts over estate matters after someone’s passing.

With careful planning and professional advice, you can safeguard your legacy and give your family peace of mind. Schedule your consultation to get started today.

Why Having a Will Matters

Many assume that their assets will automatically pass to their heirs without complications, but that’s not always the case. Without a will, state laws—called intestacy laws—decide how assets are divided, which may not reflect a person’s wishes. This can result in unintended consequences such as:

• Property distribution not matching personal wishes: Assets could go to distant relatives rather than close friends or partners.

• Delay in estate settlement: The probate process can take longer without clear guidance.

• Family disputes: Unclear directions may lead to conflicts among heirs.

• Increased legal fees: Lengthy court involvement can drain the estate.

A valid will helps reduce these issues by setting out precise instructions, which courts can easily follow. It also allows the person to name an executor to manage the estate, minimizing the chance of retaliatory discharge or other disputes related to employment or family matters tied to the estate. 

Additionally, a clear and legally sound will provides peace of mind, ensuring that loved ones are cared for according to one’s wishes and that assets are distributed fairly, avoiding unnecessary delays or conflicts that can arise when a will is absent or contested.

What Makes a Will Legally Valid?

To avoid challenges or delays in probate, the will must meet specific legal standards. While laws can vary by state, some general requirements apply widely:

• Written document: Most states require the will to be in writing—typed or handwritten.

• Testamentary intent: The person creating the will must clearly express their intention that the document serves as their last will and testament.

• Sound mind: The testator (the person making the will) must be of legal age and mentally competent when signing.

• Proper signing: The will must be signed by the testator, and often witnesses are required to attest the signature.

• Witnesses: Typically, two impartial witnesses should observe the signing, confirm the testator’s competence, and sign the will themselves.

Failing to meet these conditions may result in the will being declared invalid, forcing the estate to be handled through intestate succession, which can lead to retaliatory discharge concerns if family members become embroiled in disputes.

Common Reasons Wills Get Contested

Even when a will appears valid, disputes can arise. Understanding common grounds for contesting wills helps highlight why legal guidance is essential:

• Lack of testamentary capacity: Arguing the testator wasn’t mentally capable when signing.

• Undue influence: Claims that someone pressured or coerced the testator.

• Fraud or forgery: Allegations that the will was forged or altered.

• Improper execution: Failure to meet witnessing or signing requirements.

• Ambiguities or errors: Vague language or contradictions within the will.

Preparing a will with clear language and proper legal formalities helps minimize challenges and protects against retaliatory discharge related to contested estates.

Key Elements to Include in a Will

A comprehensive will addresses multiple important areas to give clear instructions and reduce future disputes. These elements include:

• Executor appointment: Naming a trustworthy person to manage estate affairs.

• Asset distribution: Specifying who receives property, money, and personal items.

• Guardianship of minor children: Designating a guardian for children if applicable.

• Special provisions: Instructions for pets, charitable donations, or trusts.

• Alternate beneficiaries: Naming backups in case the primary beneficiaries predecease the testator.

• Digital assets: Including passwords and instructions for online accounts.

• Funeral arrangements: Preferences for burial or memorial services.

Each section should be drafted with care to reflect the testator’s unique situation and prevent retaliatory discharge from disputes that can arise if the will isn’t clear.

How to Keep Your Will Updated

Life changes, such as marriage, divorce, births, or deaths, can impact how a will should be structured. Regular reviews and updates are vital to keep the will relevant and valid:

• Review every few years or after major life events.

• Update beneficiary designations as needed.

• Adjust guardianship and executor choices if circumstances change.

• Reaffirm mental capacity and signatures during updates.

Failing to revise a will can lead to unintended consequences and potential retaliatory discharge concerns, especially if the estate involves business interests or employment benefits.

Working With an Attorney to Draft Your Will

While DIY wills are available, working with an attorney provides several advantages:

• Customized advice based on state laws.

• Help avoid common pitfalls and invalid provisions.

• Assistance with complex estate issues and tax implications.

• Proper execution with witnesses and notarization.

• Guidance to prevent retaliatory discharge through clear employment and benefit provisions.

At Lampert Law Office, LLC, attorneys assist clients throughout Southwest Missouri, including Springfield, Greene County, Christian County, and more, to craft wills that meet legal standards and truly reflect their wishes.

The Purpose of Retaliatory Discharge in Estate Planning

Retaliatory discharge typically refers to wrongful termination related to whistleblowing or complaints against an employer, but its relevance in estate planning is often overlooked. For example, family members involved in businesses or employment matters connected to the estate may face retaliatory discharge risks if disputes arise over the will’s terms or executorship.

Drafting a clear, legally sound will with explicit employment-related provisions can help protect beneficiaries and executors from retaliatory discharge claims. This aspect shows how estate planning and employment law can intersect, highlighting the importance of legal guidance.

Final Tips for Making a Valid Will

Creating a legally valid will doesn’t have to be complicated, but attention to detail is crucial. Here are some final tips:

• Be clear and specific to avoid vague terms that may cause confusion.

• Follow state-specific legal requirements for signing and witnessing.

• Keep the will in a safe but accessible place.

• Discuss your plans with trusted family members to reduce surprises.

• Consider additional estate planning tools like trusts if needed.

By carefully preparing a will, individuals can prevent disputes and protect their legacy.

Start Designing Your Future With Confidence

Lampert Law Office, LLC serves clients throughout Southwest Missouri, including Springfield, Greene County, Christian County, Joplin, Branson, Carthage, Neosho, Monett, Ozark, Republic, Lamar, and Ridgedale.

If you’re ready to create or update your will, contact them today to schedule a consultation. Their legal firm is committed to helping you protect your wishes and avoid retaliatory discharge issues down the line.