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?


Asked on 3/01/07, 1:05 pm

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.

Read more
Answered on 3/01/07, 1:12 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: wills

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

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.

Read more
Answered on 3/02/07, 7:00 pm
Frank J. Pyle Probate Attorney Throughout Florida

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.

Read more
Answered on 3/01/07, 5:12 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Florida