What Issues Can Complex Wills Cause?
People sometimes do not realize the complexity of their estate plan until they start to draft their will. If you have realized that you have a complex estate, you may worry about how this will affect your estate plan. Or, you may wonder if your estate is too complex and if so, what will happen with your will. It is always important to work with a St. Petersburg wills lawyer, but it is even more critical if you have a complex estate.
What Makes a Will Overly Complex?
A will that is overly complex can raise certain issues during the probate process in Florida. If a will is so complicated it is difficult to understand, the probate court may deem it invalid. A will that is overly complex may also be susceptible to legal challenges from interested parties, particularly if they have not been included in it. These factors may result in the court determining that your will is not enforceable, so it is important to avoid overly complex provisions or terms.
That being said, a will can be long without inherently being overly complex. If your estate requires extensive instructions for managing and distributing the property within it, it is important to include all of them within your will. The length of a will does not make it unenforceable but instead, the language of the document can make it overly complex.
Conciseness is very important when drafting a will. It is very important to avoid complicated terminology that only certain people will understand. Instead of using intricate grammar or excessive technical jargon, keep it simple and focus on readability. Another set of eyes can make a real difference and if needed, an extensive revision may be necessary. This is particularly true if your will is lengthy. The help of a wills lawyer is invaluable, particularly when your estate is complex.
Do Not Oversimplify Your Will
It is very important that your will is not overly complex. Likewise, however, it is also important that it is not overly simple. This often occurs when the language within a will is overly vague.
For example, you may include a provision that states “I leave all of my property to my children.” If you have biological children and stepchildren, you may mean to include all of them in this statement. The wording, though, creates confusion about which children you want to leave the property to. Due to the fact that the wording is not clear, it can create confusion and the probate court may still deem at least the portion of the will invalid.
When drafting your will, it is critical that you are specific. Your will is essentially a list of instructions left behind for your personal representative to follow. If the language is too vague, they may not have the clarity needed to fulfill your wishes.
Our Wills Lawyers in St. Petersburg Can Draft Your Document
There is a fine line between wills that are overly complex and those that are overly simplified. At Legacy Protection Lawyers, LLP, our St. Petersburg wills lawyers can provide the sound advice you need to ensure that your will is specific without being overly complicated so your wishes are respected. Call us today at 727-471-5868 or contact us online to schedule a consultation and to get the sound advice you need.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html
