Legal Requirements for Wills in Florida

Every state has laws that must be followed in order for last wills and testaments to be considered valid and legally binding and Florida is no different. Testators, or people who create wills, must follow these when creating or modifying their will to ensure that their last wishes are respected and upheld. Below, our Tampa wills lawyer explains the laws that govern these important documents so you can create a will the courts will uphold.

Wills Must Be in Writing

 The probate courts in Florida do not enforce oral declarations, also known as nuncupative wills. All wills in the state must be in writing. Handwritten wills are acceptable, but they must be properly executed. Namely, they must be signed and properly witnessed. Holographic wills are documents that are handwritten and not signed by witnesses and these are not legal in Florida.

Testators Must Be Competent 

When you create a will in Florida, you are known as the testator. All testators in Florida must be competent and of sound mind when creating a will. Minors are not considered to have the legal capacity to handle legal matters and so, all testators must also be at least 18 years old.

Testators Must Sign the Document 

Testators must also sign the will. A person can use any symbol, mark, letter, or initials when signing their will, as long as the testator intends to use it as their signature.

Two Witnesses Must Sign the Document 

At least two witnesses must sign a will and the signing must occur in the presence of all witnesses and the testator. Anyone can serve as a witness as long as they are competent. Unlike in some other states, a person can serve as a witness even if they are a relative or will benefit from the will. However, this is generally not recommended as it can foster claims of undue influence.

Amending and Revoking a Will 

You can amend or completely revoke a will by a subsequent will or codicil. A codicil is a document that outlines instructions or amendments made to a will. An original will does not have to be formally revoked, but an inconsistency in terms can invalidate a previous will. Codicils must be executed in the same manner as wills.

All Wills Can Be Contested 

Provisions in wills that attempt to discourage people from contesting the will are not enforceable in Florida. All wills can be contested if there are valid grounds and the testator has passed away.

Call Our Wills Lawyer in Tampa Today 

You are not required to work with a Tampa wills lawyer when drafting legal documents, but it is always recommended that you do. At Messina Law Group, P.A., our experienced attorney can ensure your will is properly executed so the probate courts will enforce it and your wishes can be respected. Call us today at (813) 492-7798 or chat with us online to schedule a consultation and to learn more about how we can help.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html