What are the Florida statutes for will execution?
Under Florida law, there are certain factors that must be considered when it comes to will execution. These must be followed for the will to be valid after the testator’s death. Understanding these laws and adhering to them will help ensure that the decedent’s wishes will be met. The will must be in writing, and its execution hinges on the following: the testator’s signature and the witnesses.
The testator is required to sign the will when it is completed. If the testator can not sign his name himself, he may direct another person to do so, while meeting all the same requirements for witness of said signing. As for the witnesses, they must see the testator signing the will or provide the acknowledgment that the following occurred: the will was signed previously or another person subscribed the testator’s name to the will. The witnesses are required to sign the will in the testator’s presence and one another’s presence.
Apart from holographic wills or a nuncupative will, a will executed by a person who is not a resident of Florida will be valid as long as it is valid in the state or country in which it was executed. If the will is in the testator’s handwriting and it was executed according to the signing rules listed above, it won’t be viewed as a holographic will.
The idea of a will is to ensure that the decedent’s wishes are adhered to after his or her death. Will execution according to those wishes is often contingent on the laws of the state of Florida being followed. When planning a will, one of the keys to having it work as desired is having assistance from a legal professional experienced in will execution in the state.
Source: leg.state.fl.us, “732.502 Execution of wills,” accessed on Feb. 23, 2015