Are you thinking about creating a will here in Florida? You may be wondering what makes a will legally binding if something happens to you. As a Brandon will lawyer, I often explain these requirements to clients, and they’re usually surprised to learn that Florida has very specific rules about what makes a will valid.
The Basic Building Blocks
Creating a valid will in Florida isn’t complicated, but it does require attention to detail. First, let’s cover the basics. Florida law requires you to be at least 18 years old and of sound mind. This means you understand what property you own, who your family members are, and what it means to create a will.
Getting it in Writing
Florida law requires your will to be in writing. While handwritten (holographic) wills are accepted in some states, Florida isn’t one of them. Your will must be typed or printed. This requirement helps prevent confusion and makes your intentions clearer.
The All-Important Signature
Your signature has to appear at the end of the will – an obvious requirement that sometimes gets overlooked in the details. In Florida, if you can’t physically sign, you can direct someone else to sign for you. However, this must be done in your presence and at your direct request.
Witnesses Make it Official
Here’s where Florida law gets specific: you need two witnesses who must sign in your presence and in each other’s presence. Your witnesses must be mentally competent and over 18. While they don’t need to read your will, they must understand they’re witnessing a will signing.
The Notary Question
While Florida doesn’t require a will to be notarized to be valid, having it notarized can make the probate process easier later. This is called making your will “self-proving,” and it saves your witnesses from having to testify in court after your passing.
Common Mistakes to Avoid
Even simple wills can go wrong. Watch out for these common issues:
- Having only one witness
- Not signing in front of both witnesses
- Having a beneficiary serve as a witness
- Making changes without following proper procedures
- Not updating your will after major life events
Getting Professional Help
While you can technically create a will on your own, working with a qualified attorney helps ensure your will meets all legal requirements and truly accomplishes your goals. At the Law Offices of Laurie E. Ohall, PA, we help clients create wills that stand up to legal scrutiny while reflecting their wishes.
Ready to create or update your will? Contact our office at (813) 438-8503. We’ll help ensure your will is done right the first time.