WHAT ELEMENTS MUST BE PRESENT IN ORDER TO CREATE A WILL?

Folks in Florida know that a will is the primary tool used to dispose of a testator's estate after their death. But how does one create a will? Are there any formalities that have to be done to ensure that a will is recognized as valid? This blog post will describe some elements that must be present in order for a will to be recognized as valid.

In order to make a will, a person must be of legal age. Usually, this legal age is 18. Younger people can often make a valid will if they are married or if they are a member of the U.S. armed forces.

People also have to have testamentary capacity in order to make a will. This simply means that they must know that they are making a will and know what the effect of the will is. In order to have testamentary capacity, they must also understand the extent and nature of their estate and they must understand that they are disposing of assets and property.

In addition to testamentary capacity, a testator must have the intent to make a will. This means that they must intend to make a revocable disposition of property in the event of their death.

The will must be voluntary, meaning that the testator did not sign it under duress, coercion or undue influence. The will must also dispose of the testator's property. It must list property and assets and the parties that are to receive the property and assets.

Finally, the will must be signed, dated and witnessed by two other parties.

As this shows, there are numerous formalities to be met in order to create an enforceable will. Since this is only a general overview of the elements needed to create a will, those who want information on Florida laws with regards to will execution may want to seek the advice of an attorney.

Please reach out to us at 141 5th Street NW, Suite 300, Winter Haven, Florida 33881 at 863.294.1114.

Established in 1991, Rignanese & Associates is available to work with clients on their legal needs.

On behalf of J. Kelly Kennedy, Attorney/CPA, PLLC, which has been acquired by Rignanese & Associates, PLLC.