Is A Handwritten Will Valid In The State Of Florida?
To answer the question outlined above, “Yes, a handwritten will is valid in the state of Florida.”
But, the above is true only if certain conditions are met. If these conditions are not met, then your handwritten will is not valid in the state of Florida.
Going over the ways in which you can make a valid handwritten will in the state of Florida, and speaking with an estate planning lawyer who can help you, will allow you to create the best possible estate plan.
What Is A Handwritten Will?
Right before we go over what a handwritten will is, we must clarify what, exactly, a will is. And, with that in mind, a will is a legal document that clarifies your wishes, regarding the distribution of the assets in your estate.
Just as an example, if you have a house and jewelry that you wish to distribute, in the event of your death, then you can develop a will that allows these assets to be distributed to your intended beneficiaries.
A handwritten will – also known as a “holographic will” – is just like a regular will. But, rather than being typed up or printed, a handwritten will is written by the person whose will it is, in their own handwriting.
On their own, handwritten wills are valid in many, many places. But, there are certain conditions that, if they are not satisfied, make a handwritten invalid within the state of Florida.
Is A Handwritten Will Legal In The State Of Florida?
Many handwritten wills are not signed in the presence of witnesses. And, if this is the case, then that particular will must be considered invalid in the state of Florida, as all wills must be signed in the presence of witnesses.
If your will is considered invalid, in the state of Florida, then your assets will not be distributed in the manner you wish, as per the instructions outlined within your will.
To develop a valid will, in the state of Florida, the following requirements must be satisfied:
- You must be at least 18 years old.
- You must have either typed, or handwritten, your will.
- You must sign your will.
- You must sign your will in front of at least two witnesses.
- You must have two witnesses sign the will in front of you and each other.
Regarding the latter two points, many handwritten wills are not signed in front of at least two witnesses. Or, if they are, it isn’t always likely that those two witnesses signed the will in front of you and each other.
Given the point outlined above, many handwritten wills are not considered valid.
But, if you develop a handwritten will that is signed in front of two witnesses, and then signed by those witnesses, then your handwritten will shall be considered valid.
Speak With A Florida Estate Planning Lawyer Today
Every estate plan requires an effective will. Speak with a Florida estate planning lawyer at the Millhorn Elder Law Planning Group today and we will assist you in developing an effective will and the best possible estate plan.
Sources:
law.cornell.edu/wex/will
law.cornell.edu/wex/holographic_will
