Requirements for a Valid Palm Beach Will

Uncategorized • Nov 1, 2018

How do I know if my Florida will or trust is valid? What is Florida Statute 732.502? Can I contest a will if it is not properly executed? What should my probate lawyer know about the execution of a Florida will? Does a will have to be signed? Does a will require any witnesses? You should read Florida Statute 732.502 and contact an experienced West Palm Beach probate litigator if you have further questions. Florida Statute 732.502 contains the requirements needed to properly execute a Florida will. It is important to hire a trustworthy estate planning lawyer to ensure that your Florida will is properly executed. Otherwise, your Palm Beach estate may end up being given to someone who you did not want to give it to. Does a will have to be in writing? Yes! The statute says that you have to sign your will at the end. Probate lawyers Boca Raton know that this may be more complicated than you think. This is because you can have writing after your signature as long as you created that writing before you signed it. Confused? Contact your West Palm Beach estate planning lawyer for clarification. What else is required?

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.

History.—s. 1, ch. 74-106; s. 21, ch. 75-220; s. 11, ch. 77-87; s. 961, ch. 97-102; s. 42, ch. 2001-226; s. 5, ch. 2003-154.

Note.—Created from former s. 731.07.