This morning, as I was driving to the office, I was listening on the radio about a new smart phone application that creates a Law Will and Testament for you.For what I heard, it even videos the testator makings his/her last Will. It sounds so kool and so easy.
Please BEWARE! At least in Florida, a Will to be valid, must be in writing and executed in accordance with the Florida Statutes. Among other requirements, a person (the testator) must sign his/her will in the presence of two witnesses and of a notary and they all must sign in the present of each other. This means that all persons, the testator, two witnesses and a notary must be physically present and sign the will all in the presence of each other for the Will to be valid.
This sounds like a very easy thing to accomplish and, as many have told me, who will find out? The truth is, it will be known if the requirements are not met and the will be found to be invalid. When this happens, the testator will no longer be around to fix the mistake.
We are living in a world of technology and convenience but the laws do not change with the creation of an smart phone application. Make sure that before you trust one of these technology gadgets, you confirm that the final product of the document is valid. Do not be deceived.
Yahima Suarez, Esq.
Yahima Suarez, PA