Although last wills and testaments are spoken about in a general way when they’re discussed in the media, the requirements that a testator must adhere to when drafting this legal document vary by state. Florida is no different in this respect.
Testators, or the individuals who draft wills, must be at least 18-years-old at the time this legal document is written for it to be upheld in a court of law.
It’s also necessary for a will to be put in writing here in Florida for it to be considered as valid. A testator needs to sign the final page of the will and have two individuals unrelated to them witness their signature. These people may be called upon to attest that a testator knew what they were doing when they initially signed their will. They can also verify that the person who signed the will was indeed who they claimed to be.
Witnesses aren’t required to read over a person’s will before signing the document. Testators may not only be expected to review their will but also initial next to certain portions of it to let others know that they are indeed aware of its contents.
Neither oral (spoken) and holographic (handwritten) wills are recognized as legal in Florida. Military wills are considered valid under both state and federal law though. Any wills executed in another jurisdiction aside from Florida may be deemed valid here in Miami as well if it was valid in the other state where it was drafted.
The goal of a testator in drafting a will is to document what they’d like to happen with their assets once they pass on. If your will isn’t drafted in alignment with Florida law, then it may be considered as invalid. A wills attorney can help you devise a a comprehensive multigenerational wealth transfer plan for you and your family.