Every Will Requires Two Witnesses

The state of Florida is very clear: every will requires two witnesses. If you develop a will and, then, you sign this will without being in the presence of two witnesses, your will cannot be considered a valid will.

By going over the significance of two witnesses when developing a proper will, and speaking with a Florida estate planning lawyer at Millhorn Elder Law Planning Group, you may have an easier time satisfying your estate planning wishes.

What Does It Mean That Every Will Requires Two Witnesses? 

You must sign your will, after it has been developed. But, that’s not all: you must sign this will in the presence of two competent adult witnesses.

Just as an example, if you develop a will and, then, sign this will in the presence of your lawyer and a notary, you will have signed this will in the presence of two witnesses. Doing so allows the wishes clarified within this will to be honored after your passing.

If you do not sign your will in the presence of two witnesses, your will cannot be considered valid. And, as a result of this, your beneficiaries may not receive the assets you would like to give them.

What Happens If Your Will Is Not Signed In The Presence Of Two Witnesses? 

The state of Florida will divide your assets as per their intestacy laws. These laws are complex and no one outcome is guaranteed. But, in most cases, your surviving spouse will receive your assets.

On the other hand, if you have no spouse, your children will receive your assets. And, if you have no assets, your parents will receive your assets.

Other circumstances can apply, depending on your situation. No matter what, though, the exact wishes clarified within your will cannot be honored, if your will is considered invalid.

To ensure that your assets are divided as per Florida’s intestacy laws, the state of Florida may appoint an administrator. This can lead to higher costs and a longer probate process, which can drain the value of your estate. 

What Should You Do To Get Two Witnesses? 

To get two witnesses, you can work with a lawyer. Your lawyer will help you develop the will in accordance with Florida’s laws and help you sign this will in the presence of two valid witnesses.

If any other concerns arise while developing your will, your lawyer can help you deal with them. Doing so makes it a lot easier to ensure that your will is honored after your passing and that your beneficiaries receive the assets you would like to give them.

To ensure that there are no questions about the legitimacy of your will, or the witnesses that saw you sign it, your lawyer may develop a self-proving affidavit. This isn’t necessary, but it can help prevent certain will-related issues. 

Speak With A Florida Estate Planning Lawyer Today 

If you would like to develop a will that satisfies your wishes, you may want to work with a legal professional. Speak with a Florida estate planning lawyer today and we will help you develop the will that you need. 

Sources:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0732/Sections/0732.102.html

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/Sections/0732.503.html