The will is a critical legal document that dictates how your property is to be divided upon your death. In order for it to be valid, a will must strictly meet requirements. If not, the will can be declared invalid, and a court would get involved in distributing your property. Here are the requirements for a valid will in Florida.
First, the will must be signed and in writing. There is no such thing as an oral will. The document must have witnesses who saw you sign the document.
Second, the testator (the person making the will) must have legal capacity. In order words, they must be 18 years old and of sound mind. Family members often challenge a will based on the grounds that the person who made it did not have the legal capacity or they were under the undue influence of someone else.
Although it is not required, you should have a will notarized. If not, your family members may need to prove the validity of the will. Notarization makes a will self-proving. Although your will does not have to name an executor, you should include it in your will to make things easier on your family.
In order to make sure that you are following all legal requirements, you should hire an attorney to help you and review your will before you sign it. An investment now could save your family hassle and stress if anyone tries to challenge your will in the future.
At Naples & Spence, we help families just like yours when they want to establish or review an estate plan. To learn what we can do for you, reach out to us online or call us at 904.478.8964.
