Essentially, the main goal of your last will and testament is to ensure that your loved ones are financially supported at a time when you are no longer around to offer support yourself. You must understand that the state of Florida enforces strict laws governing wills and other estate planning documents. Therefore, the slightest error made in your will writing may just jeopardize this financial opportunity for your loved ones. Read on to discover whether the Florida probate court can invalidate your will if you write it on your own and how a seasoned Broward County wills lawyer at The Probate Lawyers can help simplify this process for you.
What are the requirements for a valid and enforceable will in the state of Florida?
First of all, there is a general checklist that you should abide by when drafting your last will and testament. This checklist reads as follows:
- You must disclose the assets you wish to pass down to your beneficiaries.
- You must disclose the specific beneficiaries you wish to inherit specific assets.
- You must disclose the executor you wish to handle your estate at the time of your passing.
- You must disclose the guardian you wish to care for your children if they are still minors at the time of your passing.
- You must disclose the trustee you wish to manage the trust of your children if they are still minors at the time of your passing.
While keeping this in mind, you must also consider the Florida estate laws that determine your will’s validity and enforceability. These laws read as follows:
- You must be at least 18 years of age or older when writing your will.
- You must be of sound mind when writing your will.
- You must sign your will in the presence of at least two witnesses.
- You must have at least two witnesses sign your will in your presence.
Can a Florida probate court invalidate my will if I write it on my own?
While it is not necessarily required to employ a lawyer to have a valid and enforceable will, it is strongly recommended that you do so. This is simply because of the checklist and other regulations mentioned above. Any discrepancies may lead to the following occurrences in a Florida probate court:
- You may have your family members stress over Florida probate court proceedings instead of emotionally coping with your passing.
- You may open up the opportunity to have your family members contest your will in the presence of the Florida probate court.
- You may force witnesses or family members to “prove” your will in the presence of the Florida probate court.
- You may cause your testator to pay additional legal fees to execute your will in the Florida probate court.
- You may drive the Florida probate court to adopt intestacy succession when distributing your assets.
The best way to ensure the validity of your estate plan is to retain the services of a competent Broward County estate lawyer. So do not hesitate to get in touch with The Probate Lawyers today.
