Law Offices of Frye & Vazquez, P.L. - estate planning
Se Habla Español
Coronavirus Update: We are equipped to address your estate, asset protection, and healthcare designation planning with proper precautions in our office or remotely through telephone and video conferencing. Social distancing does not have to stop you from attending to your planning needs. Learn more about our services during COVID-19 here or call us at 305-424-2529 for further details.


Contact Us
305-508-5749

Blog

Unusual will types that can be easy to contest

As you know, it is important to have a solid estate planning strategy in place to protect your assets and the inheritance you want to leave to your loved ones. At the Law Offices of Frye & Vazquez, P.L., we have a full understanding of the different types of wills and trusts available to Florida residents, and that some types are stronger and less easily contested than others.

HowStuffWorks explains several types of wills that you are unlikely to employ, but which the courts may still recognize. A deathbed will is one that you might create when you are facing certain death. You would need witnesses to record your final wishes. This type of will is particularly vulnerable to being contested in probate court, as relatives might claim you were mentally incapacitated being so close to death or that the unusual circumstances compromised your ability to create a concise, fair will. Oral wills are usually hastily spoken to witnesses, rather than written. You might give an oral will if you don’t have time to write it; for example, you are in an active combat situation.

As you can imagine, your loved ones might doubt the validity or legality of these unusual wills, or your wishes may not ever make it to probate court. Our page on estate planning explains your options for creating a will or trust well in advance of a life-threatening or time-sensitive situation in circumstances that are not ideal, which could lead you to make a hasty will that may not be honored.

badges

Archives

FindLaw Network