Internet Wills: is a will you download valid in Florida or can I object to it?

Technology and estates collide !

Did mom or dad sign a will that was downloaded from the internet?

Is an internet will even valid in Florida and can it go through probate administration?

Legal services are being provided by companies on the internet: sort of. One thing is for sure, Florida residents are buying wills from the internet.  Or at least they are buying wills they download from the net.  Probate lawyers will tell you that there are pro’s and con’s to getting a will from the internet.  The biggest upside is the perceived simplicity and cost savings.

The biggest downside?  Well, you’ll be dead anyway, so who cares, right?  But, if you DO care, don’t be surprised if there is a fight in the Florida probate. At least that’s my experience being involved with probate fights over a will that the dead Florida resident purportedly purchased on the internet.  Some lawyers or beneficiaries view an internet will as an immediate opportunity to attack it, to object to it and to try to have it “un-done”.

Can you object to a will dowloaded from the internet?  Of course.

The other big downside to buying a will over the internet?  Well the whole idea of leaving your estate at your death is to do it the way you want, right?  And your estate is important, right?  So the biggest downside from buying a form will from the ‘net is that you are not talking to a Florida probate lawyer:  one who has years of experience writing wills and trusts.  Those years of experience can help you: give you perspective, advice and pointers which  you may not have thought about.  A few dollars now in legal fees can be worth millions in a probate fight later. Seriously. And this commentary is from a Florida probate lawyer who does not write wills or trusts.   But I do litigate.

What’s more interesting is what one does with an internet will after you download it.  How do you sign it?  Who are the witnesses and where was the will signed?  Who is the notary public?  Who got or obtained the witnesses and notary?  And….. and this can be fatal or crucial, is there a self proving affidavit attached to the will or was one left off?