A Last Will and Testament is a key document for most estate plans. It directs asset distribution, and names minor children’s guardians and the estate’s personal representative (also known as the executor). Preventing reformation of a Will in Coral Gables means more than avoiding court intervention; it means securing your wishes and legacy.
An experienced Wills attorney could help you create comprehensive estate planning documents that accurately reflect your wishes and prevents future conflicts.
The reformation of a Will refers to court intervention to correct errors and mistakes to make sure the Will reflects the testator’s intent. A reformation is only to correct mistakes that contradict this intent, not to alter it. To reform a Will, an interested party in Coral Gables would need to provide evidence of the testator’s true intent and ask the court to make changes to avoid future mistakes.
It is important to note that a reformation is not the same as a modification. A reformation only corrects errors, whereas a modification changes the terms to reflect a new or altered intent. In Florida, Wills cannot be modified after a testator has died but can be modified during the person’s life through codicils or by creating a new Will.
A court may reform a Will in Coral Gables and elsewhere in Florida for several reasons, including to correct:
Only a person with a legitimate interest, such as the personal representative or a beneficiary, may request a reformation.
Drafting a Will that explicitly outlines your intent is the foremost step to avoiding reformation. The document should be comprehensive and valid. Under Florida statutes, there are specific requirements Wills must meet to be legally valid, such as its testator being an adult of sound mind, being in writing, and getting signed by the testator and two witnesses.
In addition to these basic requirements, a comprehensive and well-crafted document is essential to preempt Will correction. Terms and provisions in the Will should be clear and unambiguous. It should also work cohesively with other estate planning documents since contradictory terms could raise questions regarding your intent.
Meeting early and often with a trusted Coral Gables lawyer is a key strategy to avoiding reformation of a Will down the road. Our attorney could create a cohesive and thorough estate plan that clearly outlines your intent and wishes.
Many testators and their families prioritize avoiding court intervention. Creating a clear estate plan declares your intentions and helps your loved ones will save time and energy.
When you need help preventing reformation of a Will in Coral Gables, you can trust the experienced attorneys at Veliz & Associates, P.A. to assist with your estate plan. Contact us today to learn more and get started on your Last Will and Testament.
We evaluate your case and determine how we might be able to help.
We will meet with you to discuss your next options and lay out a plan.
Our team guides you throughout the process so you feel confident about your choices.
(305) 250-9917