Does Florida Recognize Holographic Wills?
Most adults know that they should draft a will that distributes their property and serves other functions upon their passing. Some people plan for their will very carefully, taking the necessary time and effort to consider their goals and what they want the document to achieve. Others, however, may not have time to carefully plan their will and so, they simply write it out and sign it. This is known as a holographic will and these documents are not recognized under Florida law. Below, our Daytona Beach will drafting attorney explains further.
Holographic vs. Handwritten Wills
Holographic wills are written in a person’s own handwriting. Still, this does not necessarily mean that Florida law does not recognize handwritten wills. In Florida, all wills must be in writing, which includes handwritten wills. Oral wills are not legally recognized. This causes some confusion because many people think holographic wills are simply handwritten wills when that is not entirely true.
Holographic wills are documents that are written in a person’s own handwriting but that are not signed by witnesses. Florida law requires two witnesses to sign a will, as well as the testator, or person drafting the will. Only when a document is handwritten and does not have the two required witness signatures is it considered a holographic will. If someone handwrites their will and two witnesses sign it, in the presence of each other and the testator, the will is considered legally valid.
Again, holographic wills are not valid in Florida, even if they were drafted in a state that recognizes them. For example, holographic wills are legally valid in Texas. Even if someone drafted a holographic will in Texas and then moved to Florida, the document still would not be recognized as legal in The Sunshine State.
Making Handwritten Changes to a Will
There are times when a person drafts a will and in the future, want to make changes to it. For example, a new birth in the family may prompt someone to change their will to include the new child as a beneficiary. It is important that these changes are made just as carefully as when the will was first written.
Some people are tempted to simply scratch out parts of their will and handwrite changes into it. These informal changes will also be considered as holographic by the probate courts. The court will throw out any handwritten changes that are not witnessed because the amendments are considered holographic.
When changing a will, people can either create an entirely new will or they can draft a codicil. A codicil is simply a legal and official amendment to a will. Like the original documents, codicils must also be in writing and signed by the testator and two witnesses who are all in the presence of each other.
Our Will Drafting Attorney in Daytona Beach Can Protect Your Legacy
Your legacy is important and at Bundza & Rodriguez, our Daytona Beach will drafting attorney can help you protect it. We can draft a will that helps you achieve your goals and that will be recognized by the probate court so your wishes are fulfilled. Call us today at 386-252-5170 or fill out our online form to schedule a consultation and to learn more about how we can help.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html
