Drafting effective wills that will stand up in court


Almost everyone is familiar with the idea of a last will and testament, though many people may not realize how imperative having a will may be. A will may cover numerous important issues after your death, such as:

• Distribution of assets and property to intended beneficiaries.

• Naming a guardian to take care of your minor children.

• Naming a person to manage any assets or property left to minor children until they reach a certain age.

• Naming a person to serve as executor of the will, who you can trust to carry out your wishes as outlined in the will.


Because a will addresses many important matters, you want to make sure that yours is legally valid and thus the document must meet certain requirements. First, the will must be executed, signed, and witnessed in accordance with Alabama State Law. Your will must also be properly amended if you decide to change any of the terms at a later date. Furthermore, it should be clear that you made all of the decisions in your will with a sound mind and that you were not the victim of undue influence or other coercion.




A probate court will examine your will closely, especially if any objections are made, and you want to be sure your will is skillfully drafted in a manner that will stand up in court.


Helping with Power of Attorney decisions


Another important estate planning document is the Power of Attorney. This document authorizes a person of your choosing to act on your behalf in conducting financial matters, signing papers, making health care decisions, or overseeing your other affairs.


Though a power of attorney may be a non-lawyer or a lawyer, you must designate this individual separate from any existing representation agreements you have with an attorney for handling legal matters. This document is highly important should you become temporarily or permanently disabled or incapacitated.