Brunelli Law

What to watch out for when signing a Will in Florida

Learn why crafting a legally sound will is essential in Florida and how professional guidance can help you avoid common pitfalls, ensuring that your assets are distributed according to your wishes.
@admin 9 January 2023
What to watch out for when signing a Will

Creating a will is crucial for preparing for the future, however, it is important to be aware of the legal requirements and potential pitfalls of creating and signing a will in the state of Florida. As a probate attorney serving South Florida, I have come across many cases where insufficient planning or errors during the process led to unintended consequences and conflicts among family members. One prevalent mistake that people make is attempting to draft a will by themselves without professional guidance.

Although many people opt to create their own wills to save money, going the DIY route can often lead to mistakes or misunderstandings that can cause legal battles after death. Consulting with a knowledgeable attorney is highly recommended when creating a will in order to ensure its clarity, comprehensiveness and legal validity. Additionally, making revisions to your will on a regular basis especially when experiencing significant events such as marriage, divorce, having children or acquiring assets is crucial in avoiding unintended consequences like omitting someone or something you wanted included.

To steer clear of potential complications, it is paramount to periodically scrutinize and modify your will every few years, or whenever a substantial life event transpires. It is also essential that you ensure the proper signing and witnessing of your will. In Florida, the act of signing a will necessitates the presence of two witnesses who are not beneficiaries of the document.

The witnesses must sign the will in front of the testator, or the person making their testamentary wishes known and each other. The will must be notarized since this can thwart any legal contests against its validity. In order to avoid leaving loved ones with financial complications, individuals must create a will. Without a will, known as dying “intestate,” state laws will distribute one’s assets according to their own preferences, not of the deceased.

This can bring forth unwanted results, such as having your favorite niece left out of receiving any inheritance. When creating a legally binding document in Florida, it is important to keep in mind all legal requirements before signing anything. To ensure no such mishap occurs and that one’s wishes are carried out accordingly, it is highly recommended that you seek advice from an experienced probate attorney.

One cannot deny the importance of regularly reviewing one’s will to prevent unintentional consequences or disputes among loved ones. Contact us today for a consultation on any inquiries regarding establishing or updating a legally-binding will.

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