Wills

A Will is a critical legal document that allows an individual to dictate how their assets and estate should be distributed after their death. It provides a clear and legally binding framework, ensuring that one's property, finances, and personal belongings are distributed according to their intentions. Without a will, the distribution of assets may be subject to intestacy laws, potentially leading to disputes, delays, and outcomes inconsistent with the deceased person's preferences   Below are a few important aspects of Wills in Florida:

Drafting a Florida Will

Creating a will in Florida is a relatively straightforward process, but it is essential to follow specific Florida legal requirements to ensure its validity. Chapter 732 of the Florida Code, Part V provides many of the requirements for drafting a will. A few of the requirements may include:

Testamentary Capacity: The testator (Florida legal term for the person making the will) must be of sound mind and at least 18 years old to create a valid will in Florida. This means they must understand the nature and extent of their assets and the consequences of their decisions.

Specific Language within the Will: A will in Florida should clearly state that it is the testator's last will and testament. It should outline the distribution of assets, appoint a personal representative, and specify guardians for minor children if necessary. 

Witnesses: Florida law requires at least two witnesses be present when the testator signs the will. The witnesses must be at least 18 years old, not beneficiaries of the will, and should physically watch the testator sign the document. Their presence is crucial for validating the will's execution and their signature stating they saw the testator sign is an important requirement.

Self-Proving Affidavit: While not mandatory, attaching a self-proving affidavit to the will simplifies the probate process. This affidavit, signed by the testator and witnesses in front of a notary, attests to the will's authenticity and validity. It helps establish the will's legitimacy without the need for the witnesses to testify in court later.

Individuals dealing with probate matters are encouraged to seek legal advice to navigate the complexities of Chapter 732 and ensure compliance with relevant Florida laws.  Our office is available to answer all your questions concerning Wills or any other aspect of Estate Planning.