Full question:
I have been living in Florida for about 35 years now and have acquired many properties through hard work. I wish to make a will with respect to my estate. What is the law on execution and making of a will. Is there a language or form of words in which the will must be written in order to be valid?
- Category: Wills and Estates
- Subcategory: Execution
- Date:
- State: Florida
Answer:
In Florida, there is no specific wording required for a will to be valid. According to Fla. Stat. § 732.502, a will must be in writing and signed by the testator (the person making the will). Here are the key requirements:
- Signature: The testator must sign the will at the end. Alternatively, someone else can sign it in the testator's presence and at their direction.
- Witnesses: At least two witnesses must be present when the testator signs the will or acknowledges their signature. The witnesses must also sign the will in the presence of the testator and each other.
- Holographic and nuncupative wills: These types of wills have different rules. A handwritten will (holographic) executed according to the formalities is not considered a holographic will under this statute.
- Military wills: Wills executed as military testamentary instruments are valid if done according to 10 U.S.C. s. 1044d.
- Codicils: Any changes to the will (codicils) must be executed with the same formalities as the original will.
Overall, as long as the will is properly executed with the required signatures and witnesses, it does not need to follow any specific wording.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.