Have you recently executed a new will, codicil or your first will? Are you using a legal documents website service to get a basic template for your will? Did you know that these companies are not licensed Florida attorneys and they do not owe you an attorney client duty like a regular attorney? Make sure your will is executed properly. Do you know how? I would start by checking out Fla. Stat. 732.502 “Execution of Wills.”
Testator’s Signature
- This may seem like it goes without saying but you need to sign your will.
- The law simply says you have to sign the will at the end, but what does that mean?
- In Florida you can add extra text after the signature line, and it will be valid if it was there at the time of the signature.
- In other words, signing “at the end” means time wise, not space wise.
- Who else has to sign?
Witness Signatures
- In Florida for a will to be valid it usually has to be signed by two parties.
- Why usually?
- Because if you are domiciled in another state or country and die in Florida, if your will was valid in that State Florida will allow it to be probated.
- The witnesses should sign and execute in the presence of one another and the testator.
Holographic Wills
- Handwritten or holographic wills are accepted in some States but they get no special treatment with regard to Florida’s will formalities.
- You are also able to get a holographic will admitted to probate in West Palm Beach if it falls under the previous exception that you were domiciled in a foreign place.
- The short answer though is avoid those holographic wills, get a properly executed will drafted by an experienced Palm Beach probate attorney.
- Is your will up to par?
- Make sure you are not leaving your relatives out in the cold with an improperly executed will.
- Make sure you are not relying on non-attorneys advice through a legal document website.
Want to learn more?
Check out our FAQ video library to learn how to get a valid will and estate plan and how to conquer West Palm Beach probate!