A will is a written document directing the disposition of certain assets of an individual at death.
At Weidner Law, P.A., we practice in the state of Florida which requires at a minimum the following to constitute a valid will:
(1) The maker of the will (in legal speak, the “testator”) must be of legal age, i.e., 18 years old.
(2) The testator must be of sound mind at the time he or she signs the will.
(3) The will must be written.
(4) The will must be witnessed and notarized in a special manner.
(5) There are also additional exacting legal formalities required by the law for the execution of a will.
(6) Lastly, the will must be proved in and allowed by the probate court.
At Weidner Law, P.A., we prepare the following estate planning documents on behalf of our clients: (1) Will, (2) Power of Attorney, and (3) Healthcare Surrogate.
I have personally litigated cases where there have been defects. For instance, an argument over whether a family member was of sound mind can drain an estate of assets and prevent those assets from going to your loved ones. The old saying, “an ounce of prevention is worth a pound of cure” is certainly true when it comes to the preventative maintenance of preparing a will and estate planning package.
One of the benefits and disadvantages of a will is that it does not become final until the death of the testator. Therefore, one can change a will or add a codicil, in order to better express their wishes upon passing. Thus, if you desire to change or add beneficiaries to your will, it is best to make those changes as soon as possible.
Contact us if you would like more information – (727) 358-9516