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WITH WILLS PRECISION MATTERS

by William R. Mumbauer - Attorney - www.flwillstrustsprobate.com

The lawyer who drafts a Will not only has an ethical duty to the client to do so in a competent manner, but also may be liable to disappointed devisees if the Will is not drafted to carry out effectively the testator’s desires, or if the Will is not properly executed. There may, of course, be rare situations in which a dying person wants a Will prepared quickly and the lawyer does not have time to do a thorough preparation.

To be competent to draft a Will, the lawyer must be familiar with tax laws as well as the probate statutes and rules. The lawyer must also master the art of accurately expressing in the Will precisely what the client wants; and part of this process is to foresee the kinds of problems the average testator has never thought about and to assist the testator in deciding what he would want should his personal situation change. True mastery of the art of testamentary expression can only be obtained through experience.

When selecting a lawyer to prepare a Will, it is always advisable to first ascertain whether or not the drafting of Wills is a significant part of the lawyer’s practice. Selecting the right lawyer can be crucial, as once the Will is needed, i.e., the testator has died, it’s too late to make corrections.

41 Years

Mr. Mumbauer, a 5th generation Floridian, has maintained a law practice in Brandon, Florida since 1980 with emphasis on estate planning. Mr. Mumbauer takes special pride in representing the senior community by maintaining a sensitive and practical approach to problem solving. Mr. Mumbauer is a member of the National Academy of Elder Law Attorneys and the Elder Law Section of the Florida Bar. Mr. Mumbauer is also a Mentor in probate law and has been qualified by the Second District Court of Appeal in Florida as an expert witness in matters involving the drafting of Wills. Mr. Mumbauer’s Martindale-Hubbell Peer Review Rating among judges and lawyers for Legal Ability is High to Very High and his General Recommendation Rating is Very High. His articles are based on general principles of law and are not intended to apply to individual circumstances.