Legal Question in Family Law in Florida

Minors signing as witness

In the state of Florida, are minors (17 years of age) permitted to sign as witnesses to signatures on documents such as wills, marital settlement agreements, etc.? We have a 17-year-old who works in our law office, and we want to know if we can use him as a witness.


Asked on 8/01/07, 10:44 am

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Minors signing as witness

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

I am surprised that a lawyer or someone who works in a law office would ask this question. Someone under the age of majority has no legal capacity in the State of Florida. All witnesses must be 18 years of age or older.

Scott R. Jay, Esq.

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Answered on 8/11/07, 2:10 pm

Re: Minors signing as witness

Witnesses must have capacity to witness for their signatures to be effective. One of the things capacity as a witness includes is age. No! A minor is not a valid witness.

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Answered on 8/01/07, 10:53 am


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