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What Formalities Are Required to Execute a Valid Florida Will?

Uncategorized Feb 14, 2019
post about What Formalities Are Required to Execute a Valid Florida Will?

West Palm Beach probate lawyers and trust litigators know that there are certain formalities that must be met when executing a Florida will. What are these formalities? Does a Florida will need to be in writing? Does there need to be a formal signature? Does an estate planning lawyer have to prepare the will or can you prepare a will at home? You need to read Florida Statute 732.502.  The following formalities must be met:

  1. The will must be in writing;
  2. the will must be signed by the testator or another person at the direction of and in the presence of the testator;
  3. the will must be signed at the end;
  4. in the presence of at least two attesting witnesses; and the witnesses must sign in the presence of the testator and one another.

*Fun Facts*

  1. A formal signature is not required. What does this mean? This means that any mark, such as a symbol or letter, is sufficient as long as the testator uses this symbol to signify his signature.
  2. Who can serve as witness? Any competent person. Can a Ward who is deemed incompetent by the Palm Beach probate court serve as a witness? No-Guardianship lawyers in Palm Beach know that a Ward cannot be a witness.
  3. Can a will be amended or revoked? Yes! A codicil is a document that is used to amend or revoke a will. A codicil requires the same execution formalities of a will.
  4. What is a holographic will? Are they recognized by the probate courts in Florida? Holographic wills are wills that are entirely handwritten and signed. They lack witnesses and are usually NOT valid  in Florida.

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.