The process of making a last will and testament is not incredibly difficult, especially when you take the time to think about what is important to you and tell your estate planning attorney what you want to achieve. But some people never get around to making this important document. Some of them even instead rely upon some popular myths or misperceptions about the law as their reasons for not making a will. One of these popular misconceptions involves people who think they can simply speak their wishes in the presence of their family or other witnesses.
The idea of making a verbal will is not completely without a legal basis. There are some states that allow for oral wills, known in the law as nuncapative wills, but Florida is not one. If you want to make a will in Florida it absolutely must be in writing.
Even if you reside in a state where oral wills are legal, those wills are far less practical than a written will. Verbal will laws typically require that you be on your deathbed or suffering from an illness or injury that leads to your death. Further, you must have witnesses present who are usually then required to write your wishes down and then present the written wishes to the court.
Needless to say, if you want to make a will, especially in Florida, just call your estate planning attorney today and schedule an appointment.