First, the will must be in writing and signed at the end. Sounds simple enough, right? To answer a question with a question - what in the law is simple? The end has been defined by case law as the place at the end of the dispositive provisions. These provisions basically outline how you give your things away to others. People signing wills without guidance of legal counsel have signed in the margins, on the back, between pages and so forth, which creates problems with the will's validity. Thus, a shortcut taken without an attorney can lead to a will that has no validity and is therefore a shortcut to nowhere.

Second, the will must be signed by the testator in the presence of two witnesses. What in the world is a testator you ask? A testator is a person who makes - and hopefully signs - a will. In some cases the word "testatrix" is used for a female making a will; however, gender is less important and the term testator is commonly used in Florida.

The witnesses must be present at the same time and actually witness the testator sign the will. Likewise, the testator has to be present when the witnesses sign. Neither the testator nor a witness can get up to use the phone or get a snack while the will is being signed, or they may not be considered "present."

The steps listed above are part of the formalities, though there are more details. The important message is that creating and signing a will is too important for a shortcut. In fact, the end result of a shortcut is often a long and far more costly road for your beneficiaries.

This posting is made available by the lawyer for educational purposes only, not to provide specific legal advice. By using this Facebook page you understand that there is no attorney client relationship between you and the publisher. This Facebook page and/or posting should not be used as a substitute for competent legal advice from a licensed attorney in your state.