When you are future-proofing, you need to prepare for worst-case scenarios to ensure your family honors your wishes after you pass away.
A will acts as your voice in dictating how you want your property and assets distributed after your death. It is a legal document allowing you to name a representative to manage your estate and act as guardian to your minor children.
Ensure the state hears your voice
A failure to follow strict state regulations will completely destroy a will’s legal authority. When this happens, anyone can challenge its legality. Outcomes of an invalid will are:
- State enforces prior valid will. The court will reinstate the most recent valid will, if any exist.
- Courts follow intestate succession. If you have no prior valid wills, the state dictates who will inherit. According to Florida’s intestate succession laws, the exact division of assets will depend on your marital status and the existence of a surviving spouse and children.
- Partial Invalidation. If a court rules that specific clauses of your will are the product of fraud, duress, or undue influence, the clauses are voided while other independent and valid provisions may remain intact.
The legality of your will rests in ensuring that you meet specific requirements while creating it.
You documented your wills improperly
Most US states and jurisdictions, including Florida, generally do not accept oral wills. Under Florida Statute Section 732.502(1), every will executed in the state must be in writing. Rather than accepting oral wills, Florida permits digital electronic wills signed via secure audio-video online notarization channels—provided the strict statutory requirements are met. In addition, those given the signatory role should not qualify as a vulnerable or at-risk adult. If they are, the law triggers a strict requirement for physical presence.
On the other hand, according to Florida Statute Section 732.502(2), handwritten wills can be legal, but only if the documents meet the exact same strict legal requirements as standard printed wills—such as valid testator signatures and dual-witness formalities. Florida prohibits unwitnessed handwritten wills (also known as holographic wills).
So no, don’t just write wills on paper napkins or scratch paper and call it a day!
Two witnesses did not sign your will
A potential heir may contest your will’s validity if you did not follow Florida’s witness rule. Every will must have two attesting witnesses who are competent individuals. Both witnesses must sign in the presence of you and each other.
You must sign your will in their presence or acknowledge your signing to them. Your two witnesses legally validate your will and prevent fraud by confirming you are signing out of your own free will.
Someone crossed off lines
In Florida, there are only two permitted methods to alter a will:
- Revoking a will and drafting a new one
- Using a codicil
A codicil is a separate legal document that allows you to amend or update your current will, and it is subject to the same legal strict requirements as the original will. Altering an existing will by crossing out lines, writing handwritten notes or scribbling on the margins will invalidate the document.
Incorrectly written wills can mess with your estate planning. When following proper requirements for will writing and execution, it’s never too early to seek legal guidance to make sure your loved ones navigate the process more easily.
