Law Offices of Frye & Vazquez, P.L.
Call Today. 305-508-5749 | 877-421-5473

The potential problems with homemade wills

At the Law Offices of Frye & Vazquez, P.L., we understand that you have a busy schedule, and you want to save time as well as money. Like many other Floridians, you tackle many issues on your own, and you are considering writing your own will. However, it is imperative to understand that many things can go wrong if you handwrite your own will.

According to FindLaw, a handwritten will is known as a holographic will. Holographic wills are legally recognized in many states, provided the testator (maker of the will) meets numerous requirements. The conditions you would need to meet include the following:

  • You must be a legal adult or legally emancipated, if a minor.
  • You must be mentally competent.
  • There must be evidence that you wrote the will of your own accord and you were not unduly influenced by another.
  • At least two witnesses watched you sign the will and signed it themselves.

No problem, you might think. However, you might reconsider after you learn that holographic wills are easily challenged. A relative might protest your handwritten will and claim it was a fraud or that another family member coerced you into writing it. This could be especially true if your will wasn't dated or your signature or writing had changed since you wrote the will, which could lend credibility to a claim that you were the victim of undue influence or weren't mentally sound when you wrote it.

Writing a will should not be overly complicated or costly, even when you do it through legal avenues. Our page on estate planning explains more about your options.

No Comments

Leave a comment
Comment Information

What Our Clients Are Saying

  • It is difficult enough to cope with the emotional challenges of closing a parent's estate, and when you are also faced with the issue of your parents having insufficient documentation, and being remote from your siblings… - Zara L.
  • Austin Frye provided legal services to my father while alive and to his estate after his death; when showing the EP docs his firm prepared to other professionals (lawyers, financial advisors, accountants)… - Mark S
  • I've been a client of Austin Frye's for over 10 years. In that time, he's handled my estate/trust planning and asset protection as well as complicated business deals. - Leslie
  • Mr. Frye recently set up a complicated special needs trust for my son and, as usual, did a great job explaining it and in putting our minds at ease about our son's future well-being. - Dr. Howard
Read More...
  • NYSBA
  • Massachusetts Bar Association
  • The Florida Bar 1950
  • CFP
  • Florida Bar Elder Law Member
  • Academy Of Florida Elder Law Attorneys
  • Florida bar Business law Member
  • NAELA National Academy of Elder Law Attorneys, Inc.
Email Us For a Response

Contact Us For Personal Attention To Your Legal Matter

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Office Location

Get In Touch With Us
20900 W. Dixie Highway
Aventura, FL 33180

Toll Free: 877-421-5473
Phone: 305-508-5749
Map & Directions