Are Handwritten Wills Valid In Florida?
When planning for your future, drafting a will is important to ensure that your wishes are respected after you pass away. Unfortunately, not all wills are created equally, and it is essential that you first understand the different types of wills and the formal requirements placed upon them. Below, our St. Petersburg wills attorney explains more about these legal documents.
What are Holographic Wills?
A holographic will is one type of will that is handwritten and signed only by the individual who writes the will, known as the testator. A holographic will does not require witnesses or notarization. This is different from a traditional will, which usually requires certain legal formalities such as being executed in the presence of two witnesses.
People create holographic wills for many reasons. Usually, they are drafted quickly and without formalities. For example, if someone suddenly became severely injured and was in critical condition, they may scribble out a holographic will because they don’t have the time to prepare a traditional will. In other instances, people simply may not have access to the legal services necessary to draft a traditional will.
Some jurisdictions recognize holographic wills as valid, but this is not the case in Florida.
Why are Holographic Wills Not Legal in Florida?
Like all states, Florida places certain requirements on wills for them to be considered valid. These requirements state that wills must be in writing and signed by the testator and two witnesses in the presence of each other. While wills are required to be in writing, this does not necessarily mean they must be typed. Handwritten wills are valid, as long as the handwritten wills follow the legal formalities of being signed by the testator and two witnesses in the presence of each other.
The law in Florida does not recognize holographic wills due to concerns about undue influence, fraud, and misunderstandings about the testator’s true intentions. Requiring at least two witnesses offers an additional layer of security and ensures the testator was of sound mind at the time, and that their wishes are respected.
Holographic Wills Drafted in Other States
Generally, when a person prepares a will while living in another state and dies a resident of Florida, or owns a significant amount of property in Florida, the laws of the state where the will was created are followed when it comes to the validity of the will. However, Florida does not recognize a holographic will as being valid regardless of where it was created. Even if a person dies having created a holographic will in another state, Florida will not deem the will to be valid.
Our Wills Attorney in St. Petersburg Can Help Protect Your Future
Drafting a will is an important step, but it is important that it is done properly. At Legacy Protection Lawyers, LLP, our St. Petersburg wills attorney can advise you of the legal requirements in Florida and ensure that your estate plan is executed properly so your wishes are respected and your family has the protection they need. Call us now at 727-471-5868 or contact us online to schedule a consultation with one of our knowledgeable attorneys and to learn more about how we can help with your case.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html
