Legal Question in Wills and Trusts in Florida
Last Wills and Testaments
My mother recently rewrote her will. She wants to know if a notarized will is legal and binding.
2 Answers from Attorneys
Re: Last Wills and Testaments
Florida Law is very strict as to how a Will must be attested to and notarized. Your mother must have her signature notarized together with two witnesses. There must also be a Certificate page referring to the fact that the witnesses signed in the presence of each other and in front of your mother. The language is much more involved then this but it gives you a good idea as to how specific the Will must be signed. If you would like me to review it to make sure it is attested to properly then contact my office and we can review it. (954) 966-4140 Sincerely, Melody Stickel-Martinez, Esq.
Validity of Notary Will
SITUATION: Mother recently REWROTE will.
Q. Want to know if notarized will is legal and binding.
A. It is good to have a notarized will to avoid having to locate witnesses later when your Mother dies. But a will is valid only if it meets all the requirements of Fla. Law. Is it totally in her own handwriting? Is it signed at the end in front of two subscribing witnesses and all of them signed in front of the notary in the prescribed format? An attorney would need to review the will to determine if it meets all the requirements of Fla. Law. You can't render an opinion on something you haven't seen.