The Florida Electronic Wills Act was just vetoed by Governor Scott. This means that, for now, there will be no electronic wills in Florida. However, do you have a regular, written will? Does your will have ink signatures and witnesses? Does it have a self proving affidavit? Do you have a revocable trust? In light of the veto of the Florida Electronic Wills Act, it may be a good time to make sure that your estate plan is up to date. Furthermore, you may want to check out Florida Statute 732.502 to make sure that your Palm Beach will was executed properly. Although, at Pankauski Hauser, we don’t write wills and trusts or handle estate planning, we litigate that matter. If you’d like a FREE book on the 10 most common probate mistakes that we see out there, email Amanda @phflorida.com.
732.502 Execution of wills.—Every will must be in writing and executed as follows:
(1)(a) Testator’s signature.—
1. The testator must sign the will at the end; or
2. The testator’s name must be subscribed at the end of the will by some other person in the testator’s presence and by the testator’s direction.
(b) Witnesses.—The testator’s:
1. Signing, or
2. Acknowledgment:
a. That he or she has previously signed the will, or
b. That another person has subscribed the testator’s name to it,
must be in the presence of at least two attesting witnesses.
(c) Witnesses’ signatures.—The attesting witnesses must sign the will in the presence of the testator and in the presence of each other.
(2) 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. A will in the testator’s handwriting that has been executed in accordance with subsection (1) shall not be considered a holographic will.
(3) Any will executed as a military testamentary instrument in accordance with 10 U.S.C. s. 1044d, Chapter 53, by a person who is eligible for military legal assistance is valid as a will in this state.
(4) No particular form of words is necessary to the validity of a will if it is executed with the formalities required by law.
(5) A codicil shall be executed with the same formalities as a will.