Florida Will Execution Formalities vs. Florida Trust Execution Formalities

What is required to execute a valid will in Florida? What is required to execute a valid West Palm Beach trust? When it comes to executing trust documents or Florida wills, how do the formalities that are required differ? A 2017 Second DCA opinion, Kelly v. Lindenau, answers these questions.

Florida probate lawyers know that, in Florida, the execution formalities for a will and a revocable trust are the same. According to Florida Statute 736.0403(2)(b), revocable trusts or trust amendments “are invalid unless the trust document is executed by the settlor of the trust with the same formalities as are required for the execution of a will.” What does this mean? What are the formalities required for the execution of a Florida will? Florida statute 732.502 tells you exactly what the requirements are. To read this statute, click here.

One of those requirements is that a will, and therefore a trust or trust amendment, must be signed by two witnesses. In Kelly v. Lindenau, this was not done. Was the trust amendment still considered to be valid? Click here to read the entire appellate opinion.