When it comes to creating a last will and testament, many people mistakenly believe that simply making a verbal agreement with their loved ones is enough. Unfortunately, this is not the case. Verbal agreements are not legally binding, and relying solely on them could lead to confusion and potentially costly legal battles.

A verbal agreement, also known as an oral contract, is an agreement made through spoken words rather than a written document. While verbal agreements are enforceable in some situations, such as in the sale of goods under $500, they are generally not legally binding for wills.

Creating a valid will requires specific legal formalities, which vary depending on the state in which you live. In most cases, a valid will must be in writing and signed by the testator, or the person creating the will, in the presence of two witnesses who are not beneficiaries under the will. This written document is the only legally binding way to ensure that your assets are distributed according to your wishes.

Some people may argue that they made verbal agreements with their loved ones regarding their assets and how they should be distributed. However, these verbal agreements are not legally binding and can easily be contested in court. To avoid confusion and disputes, it is crucial to have your wishes clearly laid out in writing.

In some cases, people may attempt to use a recorded audio or video statement as evidence of their verbal agreement. While this may be helpful, it is still not considered a legally binding document. If you wish to create an audio or video statement, it is important to consult with an attorney to ensure that your wishes are expressed clearly and that the statement is admissible in court.

It`s important to note that even if a verbal agreement is not legally binding, it`s still important to communicate your wishes to your loved ones. This can help avoid confusion and disputes and can provide guidance to your loved ones as they navigate the probate process.

In summary, verbal agreements are not legally binding when it comes to creating a last will and testament. The only way to ensure that your assets are distributed according to your wishes is to have a valid, written will. While it`s important to communicate your wishes to your loved ones, relying solely on verbal agreements can lead to confusion and potentially costly legal battles. To avoid these issues, it`s best to consult with an attorney and create a legally binding, written will.