How Do You Know If Your Will is Legal?
When you’re making end of life preparations, you want to be sure that everything you do is legally valid. This especially pertains to your will. In some cases, people create wills that are, for a variety of reasons, considered to be invalid. In those situations, their finals wishes cannot be honored and their estates are distributed in a manner contrary to their intentions. To avoid this unfortunate scenario, make sure your will is legally binding.
One of the most common issues associated with will validity is that the person drafting the will did not have the capacity to create it. This comes up especially in situations in which a will is drafted or revised in the final days of someone’s life. Family members may challenge these wills, claiming that a person was not of sound mind to make the decisions he or she did and the will should be nullified. Therefore, it is imperative that you get a will in place when you are still of good health and capable of making these important decisions. Certainly an ailing person may have the capacity to create a will, but to avoid the possibility of any legal challenges, it is best to get this document in place early.
Additionally, Florida law requires that you have two adult witnesses to your will. These people cannot be beneficiaries named in the will, as this presents a conflict of interest. It is a good idea to choose witnesses who are likely to be around after your death, as a probate court will need to contact them when your will is submitted.
Even the most carefully drafted wills may have flaws. For this reason, it is always a good idea to speak with a legal professional for assistance in drafting a legally binding will. Consult the experienced estate planning lawyers at Charles Law Office in Florida today.