Many people looking into estate planning wonder whether verbal instructions are sufficient for establishing a last will and testament. While talking to your family about your wishes might seem straightforward, understand that the legal implications might not hold.
Verbal Instructions Are Not Legally Binding
Verbal instructions regarding the disposition of your property after your passing are not legally enforceable. While your family may know and even agree to follow your wishes, any disputes or disagreements lead to unenforceable complications. In the absence of a written, legally valid, document, verbal instructions leave too much room for uncertainty. There’s a reason that hearsay doesn’t carry much weight in court. Principally, memories are unreliable, especially when motivated personal interest is involved.
Trusts and written wills exist precisely because verbal instructions alone don’t hold up well in the legal context. Formal documents ensure that your wishes are clearly outlined and legally enforceable. They provide a clear guide for how your assets should be distributed and provide backing to your state of mind when composing the documents. Together, these elements reduce the likelihood of disputes among family members.
Intestacy: The Default Without a Written Will
If you pass away intestate, the legal term for without a written will, the court will distribute your property according to intestacy laws. This typically means that assets first go to the surviving spouse, then to children, followed by siblings, and so on. This distribution might not align with your personal wishes, underscoring the importance of having a written will.
To avoid the pitfall of verbal instructions and other estate mistakes, it’s beneficial to seek professional estate planning advice. Consulting with a professional estate planning attorney at Clear Counsel Law Group can help you navigate the process of creating a valid, enforceable will that accurately reflects your wishes. A written will provides clarity and legal certainty, ensuring that your assets are distributed as intended.