What is an Oral Will and Why Should I Not Use One?

An oral will is most commonly used if a person is too sick or otherwise incapable of writing a traditional will. In using an oral will, the testator (that being the person who makes the will) states his or her wishes aloud in the presence of witnesses, rather than following the formal process of writing those wishes down.

There are a variety of reasons why this is a bad idea, not the least of which is because the state of Florida will not allow you to use such a will. This means that your oral will be nulified in Florida by state law, and your wishes will not be carried out.

Here are just a few other reasons why oral wills are not a good idea:

• They’re unreliable: Having your wishes down in writing and following all the proper legal processes for executing a will is much more reliable than stating your wishes aloud, even if you’re being recorded.
• Legality: Even if you make the will in a state where oral wills are recognized, it can be a challenge to get it recognized in other states.
• They’re easy to invalidate: Standard written wills are very difficult to invalidate. Even if you’re in a state that recognizes oral wills, it’s much easier to invalidate them.

For more information about drafting a will and making it as challenge-proof as possible, we encourage you to contact an experienced Tampa estate planning lawyer at BaumannKangas Estate Law today.