Legal Question in Wills and Trusts in Florida
My husband and I live in Florida, wrote a will, initialed each page, got it notarized and signed by two witnesses, 15 years ago. Does a newer will need to be written? What if the witnesses have moved or could not be found? Would the will still be good?
2 Answers from Attorneys
A valid Will does not become invalid if a witness disappears. If the Will is contested then the witnesses would be needed, but that is a problem that is not avoidable.
The bigger problem is that Wills prepared by non-lawyers and witnessed outside the presence of a properly trained lawyers have an extremely high probability that they are invalid.
As an example, when you signed the Will, were all the witnesses present with the notary and everyone watched everyone else sign? If not, then the execution was wrong, and the Will is invalid. Even using improper language or not signing in the correct place can invalidate the Will.
Wills need to be updated at least every 8 to 10 years. I suggest you have it updated as your assets have probably changed somewhat since then. Contact my office for an appointment - my fees are very reasonable.
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