Free Last Will and Testament Template for Missouri

1. Not signing the will properly. A will must be signed by the person making it, known as the testator. If the testator does not sign, the will may not be valid.

2. Forgetting to date the will. A date is important because it shows when the will was created. If there are multiple wills, the most recent one usually takes precedence.

3. Neglecting to have witnesses. In Missouri, the will must be signed in the presence of at least two witnesses. If this step is skipped, the will could be challenged later.

4. Using unclear language. Vague terms can lead to confusion about the testator's wishes. It’s best to be specific about who gets what.

5. Not including a self-proving affidavit. This document can help streamline the probate process. Without it, witnesses may need to testify about the will's validity.

6. Failing to update the will. Life changes, like marriage or the birth of a child, may require updates to the will. Not doing so can lead to outdated wishes being followed.

7. Overlooking state-specific requirements. Each state has its own rules for wills. Ignoring Missouri’s specific requirements can invalidate the will.

8. Not keeping the will in a safe place. A will should be stored securely but also be accessible to those who need it after the testator passes away.

Understanding the Last Will and Testament in Missouri is crucial for ensuring that your wishes are honored after your passing. However, several misconceptions can lead to confusion. Here are ten common misunderstandings about this important legal document:

1. Everyone needs a lawyer to create a will. Many people believe that hiring a lawyer is necessary to draft a will. While legal assistance can be beneficial, individuals can create a valid will on their own using available templates.
2. Wills are only for the wealthy. This misconception suggests that only those with significant assets need a will. In reality, anyone can benefit from having a will to ensure their wishes are followed regarding their belongings and dependents.
3. Oral wills are valid in Missouri. Some people think that stating their wishes verbally is enough to create a will. In Missouri, oral wills are not recognized, so a written document is necessary.
4. Once a will is made, it cannot be changed. Many believe that a will is set in stone once created. In fact, individuals can revise or revoke their wills at any time, as long as they follow the proper legal procedures.
5. Handwritten wills are automatically valid. While Missouri does allow handwritten wills, they must meet specific requirements to be considered valid. Simply writing a will by hand does not guarantee its legality.
6. All assets must be listed in the will. Some think that every single asset must be itemized in the will. However, it is possible to use general terms to cover various assets without listing each one individually.
7. Wills are only for distributing property. Many assume that wills only address property distribution. In fact, they can also designate guardians for minor children and specify funeral arrangements.
8. Witnesses are not needed for a will. Some individuals believe that a will can be valid without witnesses. In Missouri, at least two witnesses are required to sign the will for it to be legally binding.
9. Having a will avoids probate. It is a common misconception that having a will allows one to bypass the probate process entirely. Wills must still go through probate, although they can simplify the process.
10. Wills are only necessary if you have children. Many people think that only parents need a will. However, anyone with assets, regardless of whether they have children, should consider creating a will to ensure their wishes are respected.

Clearing up these misconceptions can help individuals in Missouri make informed decisions about their estate planning. Understanding the facts surrounding wills can lead to better preparation for the future.