What are the requirements for a will in Florida to be legal?
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What are the requirements for a will in Florida to be legal?

On Behalf of | Apr 18, 2022 | Estate Planning |

Every state has its own rules about the establishment of wills. Florida is no exception.

Not adhering to the guidelines on wills in the Sunshine State can create major headaches. Make sure the testator crafting your document understands every mandate.

Valid wills in Florida

Courts in Florida do not allow handwritten or oral declarations. There, wills are only effective if they are on paper. Everyone must be of sound mind and over 18. An exception to the age rule is allowable if the minor has emancipation.

Wills must include a signature from a testator. Also, at least two competent witnesses need to be present. Even a family member is acceptable in this role. Although legal, it is unwise to choose a witness who is a potential inheritor. The reason for this is that it can raise the specter of undue influence. Everyone must be present when the signing happens.

No particular verbiage or phraseology is necessary. Amendments, known as codicils, can happen at a later date.

Invalidating wills in Florida

When the creation of a will does not follow the rules, it might be invalid. A probate court can determine whether the errors are enough to declare it void. Sometimes, only part of a document becomes inoperative. A relative unhappy with the contents of a will could try exploiting a legal loophole.

Creating a will according to the rules of Florida must happen if it is to be legal. Using a testator familiar with these details reduces the odds of complications arising.

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