Your Will is one of the most important documents you will ever sign. So, it makes sense to have a Will that is complete. To do so, you will need to understand the most important elements of a Will.
For a Will to be valid, the testator must:
Jason, age 17 years and 10 months, prepared a Will from an online site and signed it. He didn’t realize that his Will was invalid under Florida law. On the other end of the spectrum, Harold was age 89 when his daughter insisted he sign a Will. However, due to dementia, Harold lacked testamentary capacity or the ability to understand what he was signing. Also, his daughter pressured him to leave everything to her. Both of these Wills failed to satisfy important elements of a valid Will.
There is no page limit or word limit for a Will. However, Wills typically contain the following:
Although it is not required by law, a self-proving affidavit can be signed by the testator, two witnesses, and a notary public. If this is attached to the original Will, the Will may be submitted to the court without requiring testimony from the witnesses. This can save time and money for loved ones in the future.
Florida law also contains provisions regarding the execution, or signing, of the Will.
Wills do not have to be signed before a notary public. However, the self-proving affidavit, if one is attached, does need to be notarized.
As a Florida attorney board certified in Wills, Trusts & Estates, Attorney John Mangan helps his clients develop complete estate plans. To schedule an appointment, call us at 772-324-9050 or fill out our Contact Form. Our office is conveniently located in Palm City, Florida. We also help clients throughout Florida, including Stuart, Palm City, Hobe Sound, Jupiter, and Port St. Lucie.