How To Avoid Common Mistakes When Drafting A Will Yourself

Most people understand the importance of drafting a will, but they do not believe that they need the help of a legal professional when writing one. With so many templates available online today, many people think that drafting a will on their own will simplify the process and make things easier for them.

Unfortunately, while drafting a will may seem convenient, it can also result in mistakes that may cost you in the future and that might not protect your loved ones. Below, one of our St. Petersburg wills attorneys explains how to avoid some of the most common mistakes.

Missing Signatures 

Under the legal requirements for wills in Florida, these documents must be signed by the testator, the person making the will, and two witnesses. All parties must also sign the will in the presence of each other. People often want to use beneficiaries as their witnesses, as this is convenient. Although this is not prohibited by Florida law, it is also a common mistake. If a witness is going to benefit from the will, it can raise disputes in the future.

Oversimplifying Your Wishes 

It may feel easier to simply state that you give all of your property to your children or to a charity. However, oversimplifying in this manner can cause you to overlook issues with creators, tax problems, or procedural defects.

For example, if you leave everything to your children without naming them specifically, it can create ambiguity. The court may have to decide whether you intended to include your stepchildren in the provision. These disputes can lead to delays in the probate process and worse, defeat your intentions entirely.

Including Illegal Provisions 

There are many terms that are considered illegal when they are included in a will. For example, state law in Florida provides spouses with a great deal of protection. If you leave your spouse out of your will with the intention of disinheriting them, the court will override this provision. Surviving spouses can exercise their right to the elective share granted to them under the law. Typically, this is 30 percent of the estate’s value.

Provisions that are considered a violation of public policy are also illegal when they are included in a will. For example, you cannot require that a beneficiary gets a divorce before they receive their inheritance and a court will not enforce this provision.

Our Wills Attorney in St. Petersburg Can Help You Avoid Mistakes 

Many people think drafting a will on their own using a template is the easiest way to create these documents. Unfortunately, failing to work with a St. Petersburg wills attorney can result in mistakes that are not only very costly, but also time-consuming and stressful for your loved ones. At Legacy Protection Lawyers, LLP, our experienced attorneys can help you draft your will, ensure it meets the requirements outlined under state law, and that the courts will enforce. Call us now at 727-471-5868 or contact us online to schedule a consultation 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