Legal Question in Wills and Trusts in Florida
wills
If a will is not executed, is it still legal? Are online wills valid with a notery?
3 Answers from Attorneys
Re: wills
For a Will to be valid it must be signed by the person making the Will and that person must have capacity to make a Will. It must also have the signiture of two witnesses. A Will does not have to be notarized although with a notary it can be selfproving.
Re: wills
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A will that has not been executed has absolutely no effect. A will must be signed in the presence of two witnesses and a notary public to be self proving and must contain certain specific language.
I cannot speak for an "online will" unless I reviewed the same.
Frankly, I would strongly suggest that you invest a few dollars and hire a knowledgeable attorney to draft your will. That way you will know that it has been done properly and will not be subject to challange as a result of mistakes.
Scott R. Jay, Esq.
Re: wills
A will must be signed and properly witnessed to be valid. I know of no state which would recognize a will without at least two witnesses, notarized or not. Improper execution is probably the primary reason wills are not recoenized. Wills and trusts involve a desire for peace of mind. I think most people who do it themselves never have any real peace of mind that they have done it correctly. Once you die or become incompetent, it is too late to correct the situation.