Are Holographic Wills Legal In Florida?

Drafting a will is an important and responsible thing to do. However, there are very specific legal requirements you must comply with to make sure your will is legally recognized and upheld. Sometimes, a person simply scribbles out their last wishes and calls it their will. Unfortunately, these documents are not considered legal and the probate courts will not recognize them. Below, our Daytona Beach wills and trusts lawyer explains further.

What is a Holographic Will? 

Contrary to what many people think, holographic wills are not only handwritten. A holographic will is one that is not signed by witnesses, whether it is typed or handwritten. While handwritten wills are legal in Florida as long as they are signed by witnesses, holographic wills are not valid. The testator, or the person who drafts the will, must sign at the end of the document.

Wills must also be signed by two witnesses in order to be valid. Florida law does not place an age limit on witnesses. Witnesses also do not have to read the will before they sign it. The witnesses to a will must only see the testator sign the will and they must also understand the purpose of the will and the testator’s intentions when drafting it. When the witnesses sign the will, it shows that the document is valid and reflects the wishes of the testator.

People sometimes think that if they drafted a holographic will that was considered valid in another state and then moved to Florida, the document is still valid. This is not true. Holographic wills are never upheld in the Sunshine State because they create questions regarding whether a testator was under undue influence when drafting one.

What is a Nuncupative Will? 

A nuncupative will is not a document at all. Instead, these are oral wills, which are sometimes recorded. Like holographic wills, nuncupative wills are also not considered legal in Florida. When a person creates an oral will, even if they recorded their last wishes, the courts will strike it down and treat the person’s estate as though they had died interstate, or without a will.

The intestacy laws in Florida stipulate how a person’s estate is divided after they pass away. Generally speaking, the intestacy laws state that a surviving spouse will receive the majority of their late spouse’s estate. The remainder is then distributed to the surviving children of the deceased.

Our Wills and Trusts Lawyer in Daytona Beach Can Protect Your Family 

Whether you have yet to draft a will, or you have brought a document to Florida that was created in another state, our Daytona Beach wills and trusts lawyer can help. At Bundza & Rodriguez, our experienced attorney can advise you on the laws and help you draft a document that will be legally recognized to make sure that your last wishes are fulfilled. Call us now at 386-252-5170 or chat with us online to request a free review of your case and to get the information you need.

Sources:

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

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0732/Sections/0732.502.html&_ga=2.138961651.152988882.1584990142-1755332197.1584990142