Complete Guide to Wills in Fall Branch, Tennessee
Planning your will in Fall Branch is an important step for protecting family, property, and wishes after you are gone. At Jay Johnson Law Firm our team helps Tennessee residents create wills that reflect personal values and legal requirements. A clear, well-drafted will reduces confusion and conflict among heirs, directs distribution of assets, and can name guardians for minor children. This page explains how wills work in Tennessee, what to consider when creating one, and how our firm approaches each client with practical, compassionate service tailored to local needs and state law.
Many people delay making a will because it feels overwhelming, but putting a plan in place is one of the most meaningful steps you can take to protect the people you care about. A will provides legal clarity about who receives property, who manages your estate, and who will care for dependents if needed. Our approach focuses on listening to your priorities, explaining options under Tennessee law, and documenting your decisions in a clear, durable format. We work with Fall Branch families to ensure wills are legally effective and aligned with each client’s wishes.
Why a Will Matters for Your Family and Property
A properly prepared will helps avoid disputes, provides certainty, and speeds the estate administration process for surviving family members. It allows you to name an executor to carry out your directions, specify distributions of personal and real property, and appoint guardians for minor children. In Tennessee, a will can also reduce confusion about tax and creditor issues and clarify your intentions when accounts or assets have mixed ownership. By documenting your choices, you give clear instructions that reduce stress for loved ones during an already difficult time.
About Jay Johnson Law Firm and Our Approach to Wills
Jay Johnson Law Firm serves clients across Tennessee with practical guidance on wills and estate planning matters. Our attorneys focus on providing straightforward legal planning, clear explanations of state rules, and personalized documents that reflect each client’s priorities. We meet with individuals and families in Fall Branch to discuss asset inventory, family dynamics, and long-term goals before drafting a will that fits the client’s circumstances. Communication and attention to detail guide our process so clients feel confident their wills will function as intended when needed.
Understanding Wills: What They Do and How They Work
A will is a written legal document that states how you want assets distributed after death and can appoint a personal representative to manage your estate. In Tennessee, certain formalities must be observed for a will to be valid, including signature and witness requirements. Wills can address distribution of real estate, bank accounts, personal property, sentimental items, and can include directions for handling debts and taxes. They may also be paired with other estate planning tools such as powers of attorney and advance medical directives to create a comprehensive plan for incapacity and death.
Creating a will involves identifying assets, selecting beneficiaries, choosing an executor, and deciding how and when distributions should occur. A will does not always avoid probate, but it provides a clear starting point for probate proceedings and can shorten delays by clarifying your intent. It can be updated or revoked as life circumstances change, such as after marriage, divorce, birth of children, or changes in property ownership. Regular review ensures the will remains aligned with current wishes and Tennessee law.
Definition of a Will and Basic Legal Considerations
A will is a formal declaration of how someone wants their estate to be handled after death, including asset distribution and appointment of a personal representative. Tennessee law sets out capacity and execution requirements that must be met for a will to be valid. Wills can include bequests of specific items, residual clauses to address remaining assets, and contingent provisions if primary beneficiaries cannot accept an inheritance. Understanding these components helps people draft wills that are clear, enforceable, and consistent with other estate planning documents to avoid contradictions or unintended outcomes.
Key Elements and Steps in Creating a Will
Drafting a will typically involves several steps: gathering information about assets and liabilities, naming beneficiaries and guardians, choosing a personal representative, and drafting the language of the will to reflect those choices under Tennessee law. Attention to clear, unambiguous terms reduces the risk of future disputes. Signing and witnessing must follow statutory rules so the document is admissible to probate court. After execution, safekeeping and periodic review are important to ensure the will remains accurate as circumstances change over time.
Key Terms to Know About Wills and Probate
This glossary defines terms commonly used in will preparation and probate proceedings to help clients understand the process. Knowing what words like personal representative, beneficiary, residuary clause, intestacy, and probate mean can make conversations about estate planning less intimidating. Clear definitions also help people understand the consequences of different choices, such as naming joint owners or creating testamentary conditions, and enable more informed decisions when drafting a will or revising documents over time.
Personal Representative (Executor)
A personal representative, often called an executor in some jurisdictions, is the person appointed in a will to manage the estate administration process. Their duties include locating assets, paying valid debts and taxes, managing estate property during probate, and distributing assets according to the will’s terms. Selecting a trusted and capable personal representative is important because they will interact with courts, creditors, and beneficiaries. The role can be accepted or declined by the named individual, and the court may appoint a different person if necessary.
Beneficiary and Heirs
A beneficiary is a person or entity named in a will to receive assets or specific gifts, while heirs generally refer to those entitled to inherit under state law if there is no valid will. Beneficiaries can include individuals, charities, or trusts. It is important to clearly identify beneficiaries and use up-to-date contact information to avoid confusion. Contingent beneficiaries should also be named in case primary beneficiaries predecease the testator. Careful naming and clear descriptions of assets reduce ambiguity during administration.
Residue or Residuary Clause
A residuary clause directs how any remaining assets not specifically mentioned in the will should be distributed. This clause prevents property from passing through intestacy and helps ensure the testator’s overall intentions are honored. The residuary beneficiary receives what is left after debts, taxes, expenses, and specific bequests are satisfied. Without a clear residuary clause, some assets might not have designated recipients, which can lead to unintended distribution under state intestacy rules and create complications for estate administration.
Intestacy
Intestacy occurs when a person dies without a valid will or when certain assets are not disposed of by a will. Under intestacy laws, the state determines who inherits based on statutory priority, which often favors spouses, children, and other close relatives. Intestacy can result in outcomes that differ from what the deceased might have wanted. Creating a will allows individuals to control how assets are distributed and to name personal representatives and guardians, instead of relying on default rules that may not reflect personal wishes.
Comparing Options: Simple Wills, Complex Wills, and Alternatives
When considering a will, people often weigh a simple will against more complex arrangements or alternatives like living trusts. A simple will can be appropriate for straightforward estates with few assets and beneficiaries, while complex situations involving business interests, out-of-state property, or blended families may require more detailed planning. Alternatives such as trusts can help avoid probate for certain assets but come with different costs and maintenance requirements. Comparing the options in light of family structure, asset types, and long-term goals helps determine the best approach.
When a Simple Will May Be Appropriate:
Straightforward Asset Distribution
A limited or simple will can be suitable when an individual has a modest estate, clear beneficiaries, and no complex ownership arrangements. If assets consist mainly of a primary residence, a retirement account with designated beneficiaries, and modest personal property, a straightforward will sets out who receives what and names an appropriate personal representative. In these cases, the administrative burden during probate is usually manageable and a succinct will provides the necessary legal directive without the expense or complexity of more elaborate planning documents.
Minimal Estate Administration Needs
Choosing a limited approach may also be fitting when there are no minor children, no anticipated creditor disputes, and beneficiaries are in agreement about the distribution of assets. When family dynamics are straightforward and assets are easily valued and transferred, a simple will typically accomplishes the main objectives: naming a personal representative, specifying distributions, and appointing guardians if necessary. Regular reviews remain advisable to adjust the will if circumstances change over time, but initial simplicity can still meet core planning needs.
When a More Comprehensive Will and Planning Are Advisable:
Complicated Asset Structures or Multiple Properties
A comprehensive planning approach is often recommended when clients own multiple properties, business interests, or assets in different states, which can complicate administration and tax considerations. Detailed planning can coordinate how these holdings transfer, minimize administrative hurdles, and address potential conflicts among beneficiaries. Planning may include provisions for managing a family business, creating trusts to handle specific assets, or clarifying succession paths to reduce uncertainty. These measures aim to streamline post-death administration and honor the client’s broader intentions.
Complex Family Situations or Special Needs Considerations
When families include blended relationships, beneficiaries with special needs, or differing expectations among heirs, more detailed planning helps protect the interests of all parties. Provisions can be tailored to provide for children from prior relationships, create trust arrangements for beneficiaries who require ongoing financial support, or set conditions to manage distributions over time. Thoughtful planning can reduce the risk of disputes, ensure continuity of care for vulnerable family members, and create clear mechanisms for administering assets according to the client’s values and priorities.
Benefits of a Thorough Will and Estate Plan
A comprehensive approach to wills and estate planning can reduce uncertainty, guard against unintended consequences, and provide a coordinated plan for managing assets, taxes, and family needs. Detailed provisions help smooth the probate process, clarify executor duties, and reduce the likelihood of litigation among beneficiaries. Planning that considers both incapacity and death helps ensure decisions about health care and financial management are carried out according to one’s wishes. For many families, the peace of mind that comes from a carefully prepared plan is the primary benefit.
Beyond administrative efficiency, a comprehensive plan can protect the long-term financial interests of beneficiaries by structuring distributions, appointing trustees or managers, and addressing potential creditor or tax exposure. It creates a durable framework for carrying out complex wishes and accommodates future changes through review and amendment. Families who engage in detailed planning often find that thoughtful documents reduce stress on loved ones and provide a clear roadmap for handling assets and responsibilities after a death or incapacitating event.
Reduced Risk of Family Disputes
Comprehensive planning minimizes ambiguity that can cause disagreements among beneficiaries and relatives. By documenting intentions clearly, including why certain decisions were made, and including alternate provisions for contingencies, the plan helps guide family members and the personal representative through administration. Transparent communication during planning, combined with carefully drafted provisions, often reduces the risk of misunderstandings and contested proceedings. This focus on clarity benefits both the administration process and ongoing family relationships after a loss.
Protection for Vulnerable Beneficiaries
A thorough estate plan can include mechanisms that protect beneficiaries who need long-term financial oversight, such as trusts, staggered distributions, or directed funds for specific purposes. These arrangements can prevent assets from being mismanaged, preserve eligibility for public benefits when necessary, and provide a reliable method for meeting ongoing needs. Naming guardians and trustees, and setting clear guidelines for distributions, ensures vulnerable family members are supported in a way that aligns with the testator’s intentions and provides practical safeguards over time.
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Practical Tips for Managing Your Will
Organize Important Documents Before Meeting
Before meeting with an attorney to draft a will, gather key documents such as deeds, account statements, insurance policies, retirement plan information, and records of business interests. Prepare a list of personal property items you wish to leave to specific people, and identify current beneficiary designations on accounts and policies. Having this information ready makes meetings more productive and helps ensure the will accurately reflects your assets. It also reduces the need for follow-up and can accelerate the drafting and execution process once decisions are finalized.
Discuss Your Wishes with Family and Potential Personal Representatives
Review and Update Your Will After Major Life Changes
Life events such as marriage, divorce, birth of a child, acquisition of significant assets, or relocation across state lines can affect the appropriateness of existing wills. Regularly reviewing and updating your will ensures that it continues to reflect your current wishes and the changing nature of your estate. Schedule periodic reviews every few years or after major life events to consider amendments or restatements. Keeping beneficiary designations and related documents aligned with your will minimizes conflicts and prevents outdated provisions from causing issues during administration.
Reasons to Create or Update a Will in Fall Branch
Creating or revising a will ensures that your property and personal wishes are addressed in a legally recognized way. It gives you control over distribution, naming of a personal representative, and appointment of guardians for minors. For people with family members who rely on ongoing support or those with assets in multiple locations, a will provides a clear legal path for transfer and administration. Additionally, a will can be part of a broader plan that addresses incapacity and medical decision-making through complementary documents.
Updating a will can be just as important as creating one. Changes in family composition, property ownership, or financial circumstances can render older wills inconsistent with current goals. Revising a will allows you to reflect new family relationships, correct outdated provisions, and incorporate planning strategies that reduce administration burdens. Regular review also ensures named personal representatives and guardians remain willing and able to serve, and that beneficiary designations remain accurate and complete.
Common Situations That Lead Residents to Seek a Will
People typically seek a will after major life events such as marriage, divorce, birth of a child, acquisition of real estate, starting a business, or retiring. Others consult when they want to appoint guardians for minors, make charitable gifts, or address family dynamics that require clear directives. Older adults often update wills to reflect changing needs and ensure financial security for heirs. Regardless of the reason, timely planning provides legal clarity and peace of mind for clients and their families in Fall Branch and throughout Tennessee.
New Family Additions
The birth or adoption of a child is a frequent motivator for drafting or updating a will. Parents can use the will to name guardians, create provisions for minor children’s inheritance, and appoint trustees to manage funds until children reach an age the parent deems appropriate. Addressing these matters early helps ensure children’s needs will be met and that the estate is handled according to parental wishes. Parents may also coordinate retirement and life insurance beneficiary designations to align with their will.
Marriage or Divorce
Marriage and divorce change legal rights and expectations around property and inheritance. Marrying a new partner often prompts couples to create or revise wills to reflect shared goals, while divorce may necessitate removing former spouses from beneficiary roles or changing personal representative appointments. Tennessee law can affect the status of wills after certain marital events, so timely review helps ensure documents reflect current relationships and prevent unintended beneficiaries from inheriting under older documents.
Acquiring Significant Assets or Out-of-State Property
Buying a home, starting a business, or acquiring assets in another state can introduce complexity to estate planning. Real estate in multiple states may require coordination to avoid separate probate proceedings, and business interests may need succession planning. Updating a will to account for such assets and considering complementary planning tools can make administration simpler and reduce unnecessary expense. Clear documentation of ownership types and intended distributions helps preserve the value of assets for beneficiaries.
Wills and Estate Planning Assistance for Fall Branch Residents
Jay Johnson Law Firm provides focused assistance for Fall Branch individuals and families who need wills, updates, or related estate planning documents. We guide clients through identifying assets, naming beneficiaries and personal representatives, and understanding execution formalities required under Tennessee law. Our approach emphasizes clear communication, practical planning advice, and producing durable, straightforward documents that reflect client intentions. We are available to discuss questions by phone at 731-206-9700 or at our nearby office to schedule a consultation tailored to local needs.
Why Choose Jay Johnson Law Firm for Will Preparation
Clients select Jay Johnson Law Firm for wills because we focus on clear planning and responsive client communication. We take time to understand each person’s family, assets, and goals so that the documents reflect real-life priorities and reduce the chance of disputes. The firm combines local knowledge of Tennessee probate practices with practical drafting to create wills that are straightforward to administer. Our team assists with execution, safekeeping suggestions, and follow-up reviews to keep documents current with life changes.
We aim to make the process accessible by explaining legal terms in plain language and offering efficient meetings that respect your time. From initial consultation to final execution, we provide a roadmap of what to expect and who will handle each step. Our planning emphasizes clear beneficiary designations, contingency provisions, and documentation that supports rapid probate processing when necessary. Clients appreciate the firm’s focus on practical solutions and responsiveness when questions arise after the plan is complete.
Our office supports Fall Branch residents with flexible scheduling and clear fee explanations so clients understand costs up front. We encourage review of documents after major life events and provide assistance with amendments or restatements when circumstances change. If issues arise during probate administration, we can assist with representation or guidance to keep the process moving. The firm’s goal is to provide steady, reliable support so families feel prepared and confident about their estate plans.
Get Started on Your Will — Call Jay Johnson Law Firm Today
Our Process for Drafting and Finalizing a Will
We begin with a focused consultation to gather information about assets, family relationships, and planning goals. After identifying key issues and beneficiaries, we prepare a draft will for client review that reflects desired distributions and appointments. We explain execution requirements under Tennessee law and schedule a signing meeting with the appropriate witnesses. After execution, we discuss document safekeeping and provide guidance on beneficiary designations and related documents to ensure consistency across your plan.
Step One: Initial Information Gathering
The first step is collecting complete information about assets, liabilities, existing beneficiary designations, and family circumstances. This includes bank and investment accounts, real estate deeds, life insurance policies, retirement plan designations, business interests, and personal property of sentimental value. Identifying potential guardians for minor children and discussing preferences for distributions helps shape the initial draft. A thorough inventory reduces the need for follow-up and helps ensure the will accurately addresses the full estate.
Discussing Goals and Priorities
During the initial meeting we discuss what matters most to you: who should receive particular assets, how to provide for dependents, and any specific wishes such as charitable gifts or funeral directives. We ask about potential complications, such as blended family concerns or creditor exposure, and suggest planning options tailored to those issues. Clear communication at this stage allows us to draft provisions that align with your intentions and reduce the chance of ambiguity in the final document.
Reviewing Existing Documents and Beneficiary Designations
We review any existing wills, trusts, powers of attorney, and beneficiary designations to identify conflicts or gaps. Retirement accounts and life insurance policies may supersede portions of a will if designated beneficiaries remain in place, so alignment across documents is important. This review helps determine whether a simple amendment will suffice or whether a full restatement is advisable. Ensuring all documents work together prevents unintended outcomes and reduces administration complexity after death.
Step Two: Drafting and Client Review
After collecting information and confirming directions, we prepare a draft will that incorporates your choices and complies with Tennessee requirements. The draft includes beneficiary designations, personal representative appointments, and any contingency planning. We provide explanations for key provisions and offer revisions based on client feedback. This collaborative review ensures the final document accurately reflects your wishes and addresses foreseeable situations without introducing ambiguity that could complicate probate.
Preparing Clear, Enforceable Language
The drafting process emphasizes plain, precise language designed to express intent clearly and reduce room for dispute. Clauses addressing residuary gifts, contingent beneficiaries, and executor powers are written to anticipate common scenarios and to provide the personal representative with necessary authority to administer the estate efficiently. Where appropriate, we include provisions to deal with common contingencies, such as beneficiary predeceasing the testator or assets that cannot be located at the time of administration.
Client Review and Final Adjustments
Clients review the draft and suggest any changes or clarifications. We discuss the practical implications of different provisions and recommend language to achieve the desired results under Tennessee law. Once the client approves the final draft, we prepare it for execution and explain witness and signing procedures. This review phase helps catch omissions and ensures the document reflects both legal requirements and the client’s personal objectives.
Step Three: Execution and Post-Execution Steps
Execution requires signing the will according to Tennessee formalities, including the presence of witnesses and proper attestation. We coordinate a signing meeting, confirm that all formal elements are met, and provide guidance on secure storage of the original document. After execution, we advise on updating other documents and beneficiary designations to ensure consistency. We also discuss periodic review schedules and the process for making amendments or revocations in the future if circumstances change.
Signing, Witnessing, and Safekeeping
A will must typically be signed by the testator and witnessed in accordance with state law to be valid. We arrange for appropriate attestation and provide instructions on where to keep the original so it can be located when needed. Some clients choose secure storage options and leave copies with their personal representative or in a safe deposit arrangement. Clear advice about safekeeping reduces the risk of the original being lost or challenged during probate, which can delay administration.
Updating and Communicating the Plan
After execution, we recommend regular reviews especially after major life events. Clients should revisit beneficiary designations, property ownership changes, and family relationships that might affect the will. Communicating key decisions to the personal representative and ensuring they know where to find the original document helps streamline post-death administration. If amendments are needed, we advise on whether a simple codicil or a full restatement of the will is the most appropriate course.
Frequently Asked Questions About Wills in Tennessee
What happens if I die without a will in Tennessee?
If you die without a valid will in Tennessee, your estate will be distributed according to the state’s intestacy laws, which specify a hierarchy of relatives entitled to inherit. Typically, this means that a surviving spouse and children are first in line, but the exact distribution depends on family composition and legal rules. Intestacy can produce outcomes that differ from what you might prefer and can complicate administration. Having a will allows you to name beneficiaries and control distribution rather than leaving those decisions to statutory default rules.Dying intestate can also lead to delays and increased costs for your loved ones because the court must appoint an administrator and resolve distribution according to statutory rules. A will helps streamline the probate process by providing clear instructions and naming a personal representative to carry out your directions. For many families, the certainty and control offered by an up-to-date will make estate administration more straightforward and less stressful for survivors.
Can I change my will after it is signed?
Yes, you can change your will after it is signed by creating a properly executed amendment called a codicil or by drafting a new will that revokes the prior document. Tennessee law requires the same formalities for amendments as for original wills, including signature and witness requirements. Making changes through formal documents ensures the updated provisions will be recognized by the probate court and reduces the risk of conflicting instructions that could complicate administration.It is important to notify the personal representative and keep the original or a clear, accessible copy of the updated will in a secure location. Periodic review and timely updates after major life changes, such as marriage, divorce, birth of children, or significant asset transfers, help ensure the will continues to reflect current wishes and circumstances.
Who should I name as my personal representative?
A personal representative should be someone you trust to manage the responsibilities of administering your estate, including locating assets, paying debts and taxes, managing property during probate, and distributing assets according to your will. Many people select a close family member or a trusted friend, though some choose a professional fiduciary or attorney when estates are complex. It is wise to name an alternate personal representative in case the primary choice cannot serve or declines the role.Consider the practical demands of the position, such as time, organization, and willingness to handle communications with beneficiaries and the court. Discussing the role in advance with the person you intend to name can prevent surprises and ensure they understand what is expected if they are called upon to serve.
Do I need a will if I already have beneficiary designations?
Beneficiary designations on accounts like life insurance and retirement plans often supersede a will for those particular assets. That means a named beneficiary on a retirement account will generally receive the account regardless of what the will says. However, a will still plays an important role in disposing of assets that lack specific beneficiary designations, naming guardians for minors, and appointing a personal representative. It also addresses assets held in your name alone that are not subject to beneficiary designations.Coordinating beneficiary designations with your will is important to avoid unintended results. During the will drafting process, reviewing current designations and making any necessary changes ensures the overall estate plan is consistent and reflects current intentions.
How often should I review or update my will?
Review your will whenever you experience major life changes such as marriage, divorce, birth or adoption of a child, significant changes in assets, or relocation to another state. These events can affect beneficiary designations, guardianship needs, and the overall appropriateness of the existing document. As a general practice, it is also sensible to review your will every few years to confirm it still reflects your wishes and that named personal representatives and beneficiaries remain current and available.Keeping the will aligned with other planning documents and account beneficiary designations reduces the likelihood of conflicts and helps ensure the estate administration process is efficient. Timely updates help maintain clarity and prevent outdated provisions from creating unnecessary complications for your loved ones.
Can I write my own will without legal help?
Individuals can draft their own wills, and some use online templates or fillable forms. However, DIY wills may not account for state-specific formalities, unique family situations, or complex asset structures, which can create challenges during probate. Mistakes in execution or ambiguous language may render a will partially or entirely ineffective, leading to unintended consequences. Consulting with an attorney or experienced legal advisor can help identify potential pitfalls and ensure the document meets Tennessee legal requirements.When resources are limited, consider at least obtaining a professional review of a draft to confirm it is properly executed and clear. This hybrid approach can reduce costs while still providing greater assurance that the will will operate as intended when presented to the probate court.
How are guardians for minor children appointed in a will?
Guardians for minor children are appointed in a will by the parent or legal guardian making the document. Naming a guardian provides the court with the deceased parent’s stated preference, which the court considers when making a guardianship appointment. It is important to discuss the decision with potential guardians to ensure they are willing and able to accept responsibility. Naming both primary and alternate guardians helps cover contingencies if the first choice is unable to serve.In addition to naming guardians, parents may create provisions for the management of assets intended for the child’s care, such as appointing a trustee or directing that funds be held until the child reaches a certain age. These measures help ensure the child’s financial and personal needs are addressed according to parental wishes.
Will my will avoid probate in Tennessee?
A will generally does not avoid probate for assets that are solely owned in your name, but it provides the instructions the probate court follows to distribute those assets. Certain assets, like accounts with named beneficiaries, jointly owned property with rights of survivorship, or assets placed in a trust, may pass outside of probate. Using a combination of wills and other planning tools, such as payable-on-death designations or trusts, can reduce the portion of an estate that must go through probate and speed the transfer of some assets to beneficiaries.Even when probate is necessary, a clear will simplifies the process by naming a personal representative and defining distributions. This clarity can shorten administration time and reduce disputes, helping beneficiaries receive assets more efficiently.
What costs are associated with creating a will?
Costs for creating a will vary depending on complexity, attorney fees, and whether complementary documents are needed. Simple wills for straightforward estates typically cost less, while complex wills that coordinate with trusts, business succession plans, or multi-state assets involve higher fees due to additional drafting and planning time. Some firms offer flat-fee arrangements for basic wills, while others bill hourly for more involved planning. It is important to request a clear fee estimate up front to understand expected costs and avoid surprises.Consider the value of professional planning relative to the potential cost of disputes or administration inefficiencies later. Investing in a well-drafted will often reduces downstream legal expenses for loved ones and can save time and stress during probate, providing practical benefits that outweigh initial costs.
How do I ensure my will is valid under Tennessee law?
To ensure your will is valid in Tennessee, follow statutory requirements for capacity and execution, including signing the will in the presence of the required number of witnesses and meeting any attestation rules. The testator must have the mental capacity to understand the nature of the document and the consequences of signing. Proper execution and clear, unambiguous language reduce the risk of challenges during probate and support efficient administration by the personal representative.Storing the original in a secure, accessible location and informing your personal representative of its whereabouts helps ensure the will can be located when needed. Periodic review and, if necessary, updating the will to reflect changes in law or personal circumstances further supports the document’s validity and applicability when presented to the court.