Law Offices of Frye & Vazquez, P.L. - estate planning
Se Habla Español

Coronavirus Update: We have been leveraging technology to serve our clients for years.  We are equipped to address your estate and healthcare designation planning with proper precautions in our office or remotely through telephone and video conferencing. Social distancing does not have to stop you from attending to your planning needs. Please call us at 305-508-5749 for further details.


Contact Us
305-508-5749

Blog

A look at the legality of holographic wills

Florida state residents have several options when they are looking into creating a will. However, it should be done with care, because even one mistake could potentially invalidate it. In fact, some types of wills are completely invalid even if done correctly, such as a holographic will.

The Free Dictionary defines a holographic will as one that is entirely handwritten, dated, and signed by the testator. This applies to any will that is handwritten, including things that don’t resemble a “formal-looking” will. As an example, a holographic will could be a letter, diary entry, or even a note scratched onto a pad of paper.

In some states where this type of will is valid, no witness signatures are needed. In fact, according to FindLaw, a handwritten will with no witnesses is valid in approximately half of all states.

However, Florida is not one of those states. Not only does Florida not recognize holographic wills, but they don’t recognize oral – or spoken – wills either. In short, this means that in order for a will to be valid in Florida, one must go through the proper legal means and have it done “officially”. They must have a formal event with the involvement of witnesses and an attorney, and possibly a notary. At least two witnesses must sign the will in order for it to be valid.

For this reason, it is important for Florida residents to be sure they go through the proper avenues for their will. Otherwise, their unfortunate surviving loved ones might find that the will is not valid.

badges

Archives

FindLaw Network