Requirements for a Valid Will
Just because someone thinks they have a will in place does not mean that it will be valid and enforceable when the time comes. There are certain key requirements that, if they are not met, can render the will invalid.
The first requirement is that the will be in writing and signed. Oral wills are not valid or enforceable. The will must be witnessed and signed by two people. You can have the will notarized, although it is not a requirement. A notarized will does not need further proof of its validity.
The second requirement is that the testator has the legal capacity to make a will. First, they must be 18 years or older. Then, they must be of sound mind to make the will and not under the undue influence of someone else. Legal capacity is a common reason why people will challenge wills and why you should execute a will in better times, when there are no questions whatsoever about your state of mind and ability to make a valid will.
Once you execute a will, you have the legal ability to make changes to it as necessary. Therefore, you should not let any concern about different circumstances in the future get in the way of what you need to do now. An experienced attorney can help you with your will as part of your estate plan. Alternatively, you could consider a trust to keep your estate out of probate and make life easier for your family.
Call a Boca Raton Estate Planning Attorney
It is vital to begin work on your estate plan right now because you never know when you will need it. Contact the lawyers at Rubino Findley PLLC online or give us a call at 561.220.0741 to start this crucial process.