What Provisions Are Necessary in a Will?
When you’re creating a will, it’s important to follow all appropriate guidelines to make sure its validity never comes into question. Wills require a number of provisions to be considered legal and when these rules aren’t followed there can be a number of problems following a person’s death. Additionally, there are a number of clauses that, while not necessary for the validity of the will, will make it much easier to interpret and enforce. It is always a good idea to take precautions when setting up a will in order to help your family avoid problems later.
One of the most basic and necessary provisions of a will is the exordium clause. This sounds complicated, but it really just means that you identify yourself at the start of the will. For instance, you might write, “I, John Doe, hereby make this will and revoke all former wills made by me.” This clause will function to identify you and revoke all previously written wills and codicils.
You should also be sure to include survivorship clauses. These clauses address what will happen if one of your named beneficiaries should predecease you. If you don’t include a survivorship clause, whatever would have been passed to the beneficiary may instead be passed to someone you did not intend to benefit.
Additionally, make sure your will includes an personal representative appointment. This is a person who will be the representative of your estate. If you don’t name one, the court will appoint someone and this may not be in accordance to your preferences. This person should be someone you trust and who understands your wishes.
When creating a will, there is much to consider. For the assistance you need, contact the Florida estate attorneys at BaumannKangas Estate Law., who can make sure your will is valid and enforceable.