We often meet with individuals who have taken the important step of setting up estate planning documents, such as a will, trust, or power of attorney—but then fail to complete the process by properly signing their documents. It’s a surprisingly common oversight, and unfortunately, it can completely undermine even the most thoughtfully designed estate plan.
Let’s talk about why signing your legal documents is not just a formality.
1. An Unsigned Document Is Not Legally Valid
This is the most critical point: if your estate planning documents are not properly signed, they generally have no legal effect. That means your wishes, no matter how clearly written, may not be honored.
For example, an unsigned will is typically treated as if it doesn’t exist. In that case, your estate may be distributed according to our intestacy laws, which might include children you meant to exclude or siblings (or deceased sibling’s children) that you did not want to give money to.
2. Proper Execution Requirements Matter
It’s not just about signing your name. Most estate planning documents must meet specific legal requirements to be valid. If these steps aren’t followed correctly, the document could be challenged, and possibly rejected, during probate or other court process.
Depending on the document, this can include:
- Signing in the presence of witnesses
- Having a certain number of witnesses (two if you are in Wisconsin)
- Notarization
- Ensuring witnesses are disinterested parties (i.e. not related to you by blood, marriage, or adoption and are not going to inherit under your Will or Trust)
Additionally, Wisconsin does not recognize “holographic” Wills, which means you cannot write your “Will” out on a piece of paper (or a bar napkin) and then sign it. It must be typed and signed in front of at least two witnesses.
3. Delays, Disputes, and Added Costs
When documents are improperly signed or executed, it often leads to confusion and conflict. Family members may disagree about your intentions, and courts may need to step in to resolve the uncertainty.
This can result in delayed distribution of assets, increased legal fees and emotional stress for loved ones. A properly signed document helps prevent these issues by clearly establishing your wishes in a legally enforceable way.
4. Powers of Attorney and Healthcare Directives Are Especially Time-Sensitive
Documents like financial and health care powers of attorney are often needed in urgent situations. If they’re not properly signed and executed, your loved ones may be unable to act on your behalf when it matters most.
This can lead to court involvement, such as guardianship or conservatorship proceedings, which could have been avoided with a valid document.
5. Signing Is the Final Step
Think of estate planning like building a house. Drafting the documents is the framework but signing them is what makes the structure complete and functional. Without that final step, your plan remains unfinished.
If you’ve already created estate planning documents but haven’t signed them, now is the time to act. A quick review and proper signing can make all the difference in ensuring your wishes are carried out and your loved ones are protected. Once they are signed, make sure that your original documents are kept in a safe place and that at least one trusted person can find it.
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