Legal Question in Wills and Trusts in Florida
Change in will
I have a personal will prepared by an attorney. I desire to make a change in the beneficiaries. Is it legal for me to draw up my own codicil and have it signed by two witnesses? If not is it necessary for me to consult an attorney again.
Thank you for your attention to this matter.
1 Answer from Attorneys
Re: Change in will
It's perfectly legal for you to prepare your own codicil, which will indeed be valid if you sign it at the end and in the presence of two witnesses, who sign in your presence and in each other's presence. Estate administration will be greatly simplified if you and the witnesses also acknowledge your signatures before a notary as provided in Fla. Stat. 732.503.
That said, the main value of consulting an attorney is to make sure that your estate plan, as changed by the codicil, accomplishes your goals and minimizes the difficulty and expense to your survivors of administering the estate. Many estate lawyers will go over your codicil with you for a small consultation fee, and can often suggest ways to eliminate probate entirely.
This is a general discussion of legal principles -- I can't provide legal advice without a consultation in which I learn all relevant facts.
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