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Writing a Valid Last Will and Testament in Florida

Creating an estate plan is one of the best things that a person can do for themselves and their loved ones. While no one likes to contemplate their mortality, creating or amending a last will and testament ensures that a person’s estate is distributed according to their wishes. At The Soto Law Office, our dedicated estate planning attorneys provide top-tier legal assistance in writing a valid Last Will and Testament. To learn more, call or contact our office today to schedule a consultation.

Requirements for a Valid Last Will and Testament

In order to create a valid Last Will and Testament in Florida, the creator of the will must meet certain requirements. Failure to do so could mean the Court could rule that the Will is invalid, amended by the judge, or reverting back to a previous version of the will that might no longer reflect the testator’s wishes. The basic requirements include the following:

Age: Only legal adults are allowed to write a will in Florida, which means that they are at least 18 years old. The exception to this rule is if a minor is legally emancipated by the court.

Testamentary Capacity: The next requirement for a valid will is testamentary capacity. In order to have testamentary capacity, a person must understand the extent of their estate, the heirs being named, that they are making a disposition of their assets, and how these elements all relate to one another in a will.

In Writing: Florida does not recognize holographic, or handwritten wills, so in order to have a valid will it must be typed, and this is always done if the will is drafted by an experienced attorney.

Signature: A will must be signed by the testator or by someone else for the testator in their presence and at their direction. If a will is unsigned, it is not valid.

Witnesses: Finally, a will must have two competent witnesses who will witness the testator sign the will, and all three will sign the will in the presence of each other.

Contact an Attorney Today

If you would like to speak with a knowledgeable attorney about drafting a valid will in Florida, talk to The Soto Law Office today.


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