Florida Wills : Who Can Write a Valid Palm Beach Will?
Are you thinking of writing a Florida will? Who’s allowed to write a will in Florida? Can you write a Palm Beach will if you are only 15 years old? What can an estate planning attorney assist you with? What should you know before executing an Orlando will or trust? Did you know that you must be of ” sound mind” to execute a valid will in Florida? You may want to read Florida Statute 732.501.
Florida Statute 732.501 states that any person who is of a sound mind and who is 18 years or older may execute a Florida will. Florida probate lawyers and West Palm Beach trust attorneys know that a person needs to have testamentary capacity when they execute a will. Otherwise, their Florida will may end up being contested by the beneficiaries.
What is being of a “sound mind”? What is testamentary capacity? There are four main components to show testamentary capacity (sometimes called “sufficient mental capacity”) in Florida:
- understanding that he or she is creating a distribution of his or her property after death,
- knowing the nature and extent of his or her property,
- knowing the named heirs and members of his or her family
- understanding in a reasonable manner the general nature and effect of the act of signing the will.