Is your Last Will and Testament Compliant?

Spread the love

Often times, people will call asking to review their Last Will and Testament to let them know if it is sufficient or should be updated.  As a rule of thumb, I do not amend the work product of another attorney.  If changes need to be made, we would create a new Estate Plan so that I can be assured the client’s wishes are carried out properly.  However, I do review Wills to see if they follow the formalities observed in Florida.

If you have questions regarding your own Last Will, ascertain whether it has the following:

  1. Is the Last Will self-proving? If so, it must also contain an affidavit. 
  2. Did at least two witnesses sign the Last Will? Were the witnesses “disinterested” meaning they didn’t stand to inherit any of your assets?  There should be no conflict of interest.
  3. Do the documents include Florida assets?
  4. Is the administrator qualified to serve in Florida?

Beyond the formalities, you should carefully review the Last Will to ensure it still meets your wishes and names are spelled correctly.  Often times, a Last Will from another state may be valid in Florida but because you will need updated Advanced Directives and a Financial Power of Attorney, it is best to re-draft your Last Will in Florida.  Contact an Estate Planning attorney to begin the process.  It involves a real “plan” for your family, as opposed to online software that just writes Wills.  You and your family deserve the benefit of planning.  

An Estate Planning, Probate and Business attorney based out of Tampa, Florida, Lori is mom to a fantastic 5-year-old little boy. They love to go on adventures, travel and otherwise enjoy the gorgeous Tampa Bay Community. Lori enjoys reading classic novels, organic gardening, and studying languages. She considers herself well-versed in Seinfeld trivia! Click my name to find me on Facebook.

Disclaimer:  The Law Office of Lori Vella’s website contains general information directed to Florida residents.  This firm does not intend to give legal advice through its pages and/or blog.  If you need legal advice, we encourage you to find an attorney licensed in your state.  This language on this website website does not create an attorney-client relationship between you and this firm. 

Leave a Comment

Your email address will not be published. Required fields are marked *