This blog is meant to provide the public with useful legal information. I must note that this blog is not intended to provide legal advice, nor is it intended to form an attorney-client relationship with any party. If you have specific questions about how the law affects you, please consult with an attorney.

Strategy

Tuesday, August 31, 2010

Updating your Will

It is always important to ensure that your Last Will and Testament is updated in order to reflect your current wishes. If you executed a Will in Alabama prior to 1983, it is even more important to update your Will immediately (even if you have no substantial changes). In 1983, the Alabama Legislature approved the use of a self-proving affidavit, which is a document almost all lawyers utilize today. This affidavit prohibits the need for a witness to later testify to the authenticity of a Will. If there is a self proving affidavit, which basically is the addition of a notary public to the Will, then the Will is deemed valid for purposes of probate. You can imagine that it can be quite difficult and costly to track down a witness to a Will, especially if it was prior to 1983!

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