Requirements of a Valid Will in Coral Gables

Wills are the foundation of an estate plan, and creating a legally sound document is crucial for securing your legacy and your loved ones’ future. An experienced Wills attorney could help you understand the requirements of a valid Will in Coral Gables and elsewhere in Florida. Veliz & Associates, P.A. offers knowledgeable legal support and guidance on various estate planning documents.

What Are Will Requirements?

For residents of Coral Gables who are ready to take control of their future, Wills must meet several requirements to be legally viable. These requirements, set out by Florida statutes, include:

  • Capacity: The person must be an adult of sound mind
  • Written: The Will must be in writing as oral wills are not valid
  • Signature: The testator and two witnesses must sign the Will

Witnesses must sign the Will in the presence of the testator and each other. While you are not required to have your Will notarized, a self-proving affidavit can help avoid challenges. This is a document sworn before a notary and attached to the Will. In these situations, the testator and two witnesses sign the affidavit in the notary’s presence.

What Can Make a Will Invalid?

A Will may not be valid for several different reasons. Testators must understand how the authenticity of their Last Will and Testament could be challenged. Working with an experienced estate planning attorney may help address these concerns before any dispute arises.

Lack of Capacity

Capacity is crucial to the validity of any Will. If the testator is underage or not of sound mind when the Will is executed, heirs and other interested parties could challenge it. A person may not have capacity if they do not understand the nature of the Will or their assets, they do not recognize their beneficiaries, or they suffer from mental disorders that influence their decisions.

Improper Execution or Revocation

If a Will is not executed correctly, it may not be valid. Wills must be in writing and signed, and if a newer Will exists or the testator revoked the presented one, it would be invalid. Personal representatives, also known as executors, must present the most current version of a Will, and testators should be cautious when revoking a former estate planning document.

Undue Influence or Fraud

Unfortunately, some individuals try to exploit testators. If a beneficiary or heir unduly influenced or deceived the testator, the Will may be partially or fully invalidated. Our Coral Gables attorney can make sure you achieve all the requirements for a valid Will from the beginning, so these situations do not happen.

Contact a Coral Gables Lawyer To Learn About the Requirements for a Valid Will

When you need assistance meeting the requirements of a valid Will in Coral Gables or are concerned about your Last Will and Testament’s validity, contact us today. Veliz & Associates, P.A. is experienced in creating legally valid and well-crafted Wills, helping you secure your legacy and wishes.

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