Mistakes to Avoid When Drafting Your Will

All adults in Florida should have a will that outlines how they would like their property distributed after they pass away. Unfortunately, drafting a will is not always as straightforward as it may seem at first. There are many common mistakes that are made, including failing to sign the will or not obtaining the signature of two competent witnesses. However, there are other mistakes that are often made too, and these could also invalidate your will. Below, our Tampa wills lawyer outlines some of the common mistakes, and how to avoid them.

Lack of Testamentary Capacity

 Many people recognize that drafting a will is the only way to protect against the consequences of not having one, also known as dying intestacy. Still, drafting a will is something that is easy to put off for many people and waiting too long can call a testator’s ‘testamentary capacity’ into question. In Florida, you must be of sound mind in order to create a will. If there is any suspicion that you were in cognitive decline, such as Alzheimer’s disease or dementia, it could create reason to challenge the will. Even if the challenge is unsuccessful, fighting it could drain the estate of significant resources.

Ambiguous Language 

If a will is not drafted by a Tampa wills lawyer, it could include what is known as a ‘mistake of expression’. There are many different types of mistakes of expression. Some of the most common include:

• A clause that misrepresents the intent of the testator,
• A provision that contradicts or conflicts with a different provision in the will,
• Any vague language that makes it challenging to determine the meaning of a clause, and
• Lack of residuary beneficiary, or where property is directed after specific bequests.

Ambiguous language does not automatically invalidate a will, it may require the court to exercise its discretion when determining the intent of the testator.

Personal Representative Does Not Qualify

 Many people mistakenly believe that they can choose whoever they want as their personal representative, also known as an executor. This is not true. While many people can serve as a personal representative, there are certain requirements they must meet.

In addition to not being a convicted felon, all personal representatives must be at least 18 years old and reside in the state of Florida. This is especially challenging when people do not live permanently in Florida, but only reside here during certain times of the year. If a personal representative does not live in Florida, the personal representative must be a relative of the deceased. Choosing a personal representative that does not meet these requirements does not necessarily invalidate a will, but the court will have to choose another executor.

Our Wills Lawyer in New Port Richey Can Help You Avoid Mistakes 

The best way to avoid making mistakes with your will is to allow a  wills lawyer to draft it. At Messina Law Group, P.A., our experienced attorney can review the facts of your case and ensure your will is executed properly so issues do not arise in the future. Call us now at (813) 492-7798 or contact us online to schedule an appointment and to get the legal help you need.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html