A will is one of several types of documents that provide instructions to your loved ones after you pass away. Whether or not other documents in your estate plan override your will depends on what those documents are, what is in them, and how your estate plan is set up.
If you have questions about the role a will plays in an estate plan, or if you are worried that different parts of your plan might provide conflicting instructions, an Orlando estate planning lawyer can ensure your plan is both clear and legally valid.
What Documents Override a Will?
Any documents that transfer ownership of your property to someone else will override your will. For example:
- Deeds or titles that indicate you jointly own a piece of property are not covered by your will, because you are not the only person who has the right to decide what happens to that property.
- Revocable and irrevocable trusts place property outside of your control, so you cannot tell your family what to do with that property in a will.
- Life insurance policies allow you to name a beneficiary, so you cannot then direct the money from that policy to go to someone else in your will.
- Prenuptial agreements may override a will, depending on what is in each document and when the agreement was written.
It is also important to note that your will only has power if it is legally drafted, signed, and submitted. If something is wrong with the will—for example, if it was not witnessed—the court will not recognize it, and other documents that were created in accordance with the law automatically override it.
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Are There Any Provisions You Cannot Put in a Will?
Yes. You cannot block the people you owe money to from claiming their share of your estate to cover your debts after you pass away: they are entitled to recover what they are owed before your beneficiaries receive anything.
Also, under Florida’s inheritance laws, you may have a very difficult time disinheriting your children.
If you put provisions to this effect in your will, the law will override them, even if the rest of the will is valid. However, there might be other ways to accomplish your goals, such as by using a trust to protect assets from creditors or those you do not want to inherit them.
Why Create an Estate Plan if it Might Override a Will?
There are often benefits to having other estate planning documents in addition to a will. For example, property held in a trust does not have to go through probate, which saves your loved ones the trouble of going through what is often a long and tedious process when they are still in mourning.
At the same time, you want to make your wishes clear rather than leave behind conflicting information that could confuse your family. You do not want a court to have to decide whether or not other parts of your estate plan should override your will.
With professional guidance from a member of our team, you can be confident that all of your legal documents will complement each other.
Do You Still Need a Will if You Have a Trust or Other Documents?
While everyone’s situation is unique, in most cases, yes, it is a good idea to have a will, even if you have already left instructions in other documents.
Trusts and wills are two different types of documents with different purposes. A will allows you to leave instructions—such as directions regarding the care of dependents—in addition to specifying who gets your assets. A trust is solely focused on the distribution of assets.
In some cases, if your situation is uncomplicated, you may only need a will to ensure your final wishes are carried out. However, it is still a good idea to consult with an attorney to see if your loved ones could benefit from the establishment of a trust or other arrangement.
How to Create or Change a Will
The rules for creating a will in Florida are fairly straightforward. Your will should be legally valid as long as you:
- Are at least 18 years old (or are an emancipated minor)
- Are “of sound mind”
- Have the will properly signed and witnessed
That said, if you want the confidence of knowing that all provisions of your will comply with state law and are easy to follow, you may want to consult with one of our attorneys. We can either review the will you drew up or help you create one from scratch.
We can also assist if you need to change your will at any time. For example, if you change your mind about who to leave a particular asset to or who should look after your dependents, we can ensure the will is changed promptly and legally.
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How to Create or Change an Estate Plan
If you and your legal representative decide that you need documents other than a will to ensure your estate is settled the way you want it to be, we can walk you through the process of:
- Determining which documents will best suit your needs
- Drawing up those documents in accordance with state law
- Going over each provision of each document so you can make sure they say what you want them to say
- Working with others, such as those you named as beneficiaries or power of attorney, as necessary
- Filing the documents
While changing a will is generally not too difficult, changing a trust—especially an irrevocable one—or other document may be much harder. It is best to consult with a lawyer before making any moves to do so.
Our Estate Planning Lawyers Can Help You Draw Up a Will
At Bogin, Munns & Munns, our lawyers have hundreds of years of combined experience in all areas of the law, including estate planning.
Whether you want to know if your estate plan overrides your will, create a plan from scratch, or even learn how to handle the probate process, call our law firm today.
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