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Does a Florida Will Need to be in Writing?

Uncategorized Apr 22, 2019
post about Does a Florida Will Need to be in Writing?

Does a Florida will need to be in writing? Yes! Does the Palm Beach probate court recognize oral wills? No! What if I recorded what I want to happen to my Boca Raton estate on my iPhone? Is this a valid will? No!  What if your elderly mother tells you what she wants done with her estate? Completely oral wills are called “nuncupative” wills. They are also sometimes called oral wills. These are not valid in Florida! Florida Statute 732.502 states that every Florida will must be in writing. In addition, there are other requirements that must be met to properly execute a Florida will.

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.