Are Handwritten Wills Valid In Florida?
No one wants to talk about drafting their last will and testament. However, if you put off this important task, you may find yourself rushing to get your affairs in order, or leave your family uncertain about your wishes or about how to proceed. To prevent this, some people hastily handwrite their will in the hopes that their wishes will be respected. Unfortunately, in most cases, these wills are not upheld in court and they can present even more issues for your family. Below, our Daytona Beach wills attorney explains more.
Handwritten Wills vs. Holographic Wills
Many people confuse handwritten wills with holographic will. A holographic will is a handwritten document that is not notarized or signed by witnesses. State law requires all wills to be signed by at least two witnesses, in the presence of each other and the testator, or the person who created the will. Holographic wills are not recognized under state law and as such, are not upheld by the courts.
While all wills in Florida must be in writing, this does not mean they have to be typed. Handwritten wills are enforceable in Florida as long as they meet the other execution requirements, such as being signed by both the testator and the witnesses.
If the courts do not enforce your will, your final wishes will not be respected. Instead, your property will be distributed according to the intestate laws in Florida.
Possible Issues with a Handwritten Will
Even when a handwritten will is properly executed and signed by all appropriate parties, it can still cause certain issues to arise. One of the most common of these is that judges may not be able to decipher the handwriting. The court will then call the witnesses to testify and confirm what the will says, and that it is the handwriting of the deceased. If a dispute arises after the witnesses testify, handwriting experts may need to testify. This can result in delays and additional expenses during the probate process.
Handwritten wills are often contested more than printed wills. This is often due to the fact that they do not contain the legal language included in printed wills and because they are not as official. Additionally, challenges involving undue influence can also arise with handwritten wills. Heirs and beneficiaries may argue that their loved one was pressured into quickly creating a will to benefit one or both of the witnesses. In Florida, benefiting from a will does not bar one from benefiting from the provisions within the document.
Our Wills Attorney in Daytona Beach Can Draft a Legal Will
While drafting a will is important, it is just as critical that it is properly drafted and executed. At Bundza & Rodriguez, our Daytona Beach wills attorney can advise on the important provisions to include and execute it properly so it is enforceable by the courts, your final wishes are protected, and your family’s rights are upheld. Call us today at 386-252-5170 or contact us online to schedule a consultation and to get the legal help you need.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html
