Legal Question in Wills and Trusts in Florida

Re: Is this will legal and binding?

it should

Re: Is this will legal and binding?

Florida Statutes 732.502 gives the requirements for a valid will. There is no requirement for a notary. (A notary will verify signatures on something called a self-proving affidavit, which is frequently included with a will, but is not required.)

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Florida Statutes 732.502 Execution of wills.--Every will must be in writing and executed as follows:

(1)(a) Testator's signature.--

1. The testator must sign the will at the end; or

2. The testator's name must be subscribed at the end of the will by some other person in the testator's presence and by the testator's direction.

(b) Witnesses.--The testator's:

1. Signing, or

2. Acknowledgment:

a. That he or she has previously signed the will, or

b. That another person has subscribed the testator's name to it,

must be in the presence of at least two attesting witnesses.

(c) Witnesses' signatures.--The attesting witnesses must sign the will in the presence of the testator and in the presence of each other.

(2) Any will, other than a holographic or nuncupative will, executed by a nonresident of Florida, either before or after this law takes effect, is valid as a will in this state if valid under the laws of the state or country where the will was executed. A will in the testator's handwriting that has been executed in accordance with subsection (1) shall not be considered a holographic will.

(3) Any will executed as a military testamentary instrument in accordance with 10 U.S.C. s. 1044d, Chapter 53, by a person who is eligible for military legal assistance is valid as a will in this state.

(4) No particular form of words is necessary to the validity of a will if it is executed with the formalities required by law.

(5) A codicil shall be executed with the same formalities as a will.

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I highly recommend that you have a lawyer draw up the paperwork to probate (take through court) your father's estate.

This is essential if your father owned a house or land that is going to pass by the will. Mistakes in passing deeds or failing to pass a deed can come back to haunt you many years later - when you want to sell the house, when you want to talk to the mortgage company, if you are eligible for government housing grants to improve the land, and many other situations.

Having a lawyer take you through the probate process greatly reduces the chance that something will be left out and cause trouble later. This is a situation where you want to do it once, do it right, and avoid trouble later.