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Incapacity Can Undo the Execution of a Will

Whether it’s signing a deed when closing on the sale of a home or inking your name on a release form for your child, we have all provided our signature to legal documents. Given the magnitude of some of these documents, formalities are often required. Whether its being witnessed by a notary public or simply being signed by someone of legal age, the absence of such formality may invalidate the effect of the document.

As you might imagine, wills are no different. They require their own set of formalities or the will execution may be considered null and void. In addition to these rigid signing procedures, there is also one condition which Fort Myers residents must absolutely be cognizant of. The capacity, or incapacity more correctly, of the signor may invalidate a will.

Many individuals wait until their final days to sign a will. At this point, they may be overcome with illness or dementia, which may call into question the legitimacy of their signature. If certain these concerns are raised, the document will be set aside to consider validity.

Given the stakes, the estate planning lawyers at the Kuhn Law Firm will gladly lend a hand in the execution of the will. They know what elements are necessary to invalidate a will and what requirements must be met for a valid will to exist. From advising on holographic wills to executing a will late in one’s life, they can explain the ins and outs of will formalities.

While these bureaucracies are ignored by some, it may mean the difference between your wishes being carried out and others making arbitrary decisions for you in their own self-interest. If your or a loved one has any questions about the solidity of your estate planning documents, the experienced professionals at Kuhn Law Firm can put you at ease.

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