If you are ready to draft a will, it’s important that it meets the requirements under Florida law so it has a better chance of holding up in court if it’s challenged. Many people make the mistake of thinking a will created in another state will automatically be valid when they move to Florida.
One such will that is not valid in Florida is the holographic will. A holographic will is a handwritten will created by someone without the help of an attorney. It has been drafted and signed only by the testator.
In order for your will to be legal in Florida, it requires witnesses and must be notarized when the testator signs it. When you sign the will at your attorney’s office, there will be two witnesses present along with a notary.
Florida law recognizes many wills that have been created in other states, except for holographic wills. Therefore, if you created a holographic will in another state, you will need to either write a new will or have the original updated to meet the requirements in Florida if it is to be executed properly. Simply assuming your will is valid can cause a lot of legal problems for you and your family.
Now that you know what is required for your will to be valid in Florida, it’s important to double and triple check your document, especially if you recently moved from another state with different requirements. Make sure to always draft and sign a will with the assistance of an experienced estate planning attorney so there are no issues in the future.