Can a handwritten will be valid? What about an oral will thats posted on youtube?! What are holographic and nuncupative wills?

All to often people think that their wills are valid simply because they reflect  the persons true intent, or they think thatbecause no one will contest the will that it is presumed valid. This is a fatal mistake, as any Palm Beach Probate Attorney can tell you, its just not that simple. One common type of will that is considered valid in some states is the “holographic will.” Some States recognize these under limited circumstances, for example Oregon will use them rather than proceeding through intestate succession. Florida will not. Learn more here, on holographic wills and other invalid forms of last testament in Florida.

• What is a holographic will?
• A holographic will is a will that is entirely in the Testator’s handwriting and signed by the Testator. No typing, no writing.
• In Florida, in order for a will to be valid, section 732.502 of the Florida statutes provides that in order for a will to be valid it has to be signed (or acknowledged) at the end by the testator in the presence of two witnesses who must be in the presence of the testator and the presence of each other when signing
• If there are two witnesses, but each sign separately, and do not see both each other and the testator sign, then the will is invalid.
• Florida does have one interesting caveat in that if a will is valid in a non-resident’s state and they move to Florida, the will is valid upon their death.
• Under the Florida Statute 732.502, “Any will, other than a holographic or nuncupative will, executed by a nonresident of Florida, either before or after this law takes effect, is valid as a will in this state if valid under the laws of the state or country where the will was executed.”
• In other words, in Florida, even if a Holographic will would have been valid in another state, it still will not be accepted in Florida.

Another common question I get is what if the will is completely oral? Lets say on her death bed, in a perfectly clear state of mind your rich grandmother tells you what she wants done with her estate?

• These are call “nuncupative” wills.
• They are also sometimes called oral wills.
• These are not valid in Florida!
• Videotaping it on your iPhone, even putting it on YouTube is not enough!

So, if you or a loved one hand wrote a will, even if it was signed by one witness or in the presence of a notary it may not be enough! If you videotaped your will and thought it was valid, its not! There are no exceptions, oral and videotaped wills are no good in Florida! Dont try to fit in the loophole of reciprocity from other states, executing a will in Florida is simple. Contact an experienced Palm Beach Probate Attorney today!

Want to learn more about nuncupative and holographic wills in Florida? Check out our FAQ video library at: http://www.pankauskilawfirm.com/