Legal Question in Wills and Trusts in Florida
Can a will be contructed such that a codicile can hold bequests and be changed at will without having to re do a self proving will in Florida ?
2 Answers from Attorneys
The self proof provision and notarization in Florida is not required to make the Will or Codicil Valid; it helps when the Will is proven up after your death, and you may no longer have to search out and locate the witnesses - provided that the correct declarations were made during the execution process. However you must be careful that any codicil you make is propery signed and attested to by two separate witnesses even when no notary nor self proof affidavit or provision is incorporated therein. To be certain, most legal counsel have seen many do it yourself kits and ready made "cheap" forms that are not valid due to: improper execution; citation of out of state law that is either invalid in Florida, or conflicting, or simply has nothing to do with Florida estates, etc. Clearly the price of a simple new Will or Codicil is very reasonable considering the considerable damage that could be done where it executed or completed incorrectly - you open yourself and your heirs up to lawsuits and non intended proceedings. Also Florida does not accepte "holographic" wills done in the handwriting of the Testator/Testatrix - you should at least review the law on that subject. Hope this helps.
The purpose of a Codicil is to amend a Will. So you can change your Will by making a Codicil. However, the requirements for execution of a Codicil are the same as a Will.