A will could very well be the most important document in an estate plan. For some people, a will is the only document they need to draft. For others, their will establishes a foundation that they expand upon with additional documents such as trusts and powers of attorney.
Ensuring that a will is valid and enforceable is crucial for the protection of the testator’s wishes and their dependent family members. What requirements does Florida impose on testators who are drafting wills?
An understanding of the document
The most important requirement for a valid will is an appropriate testator. People generally need to be at least 18 years old or emancipated minors to have the legal authority to draft a will in Florida. They also need to be of sound mind, which the courts refer to as having testamentary capacity. The person drafting the will must understand the basic terms included in the documents. They need to know what property they possess and recognize how their documents could affect their beneficiaries.
Witness signatures
The testator drafting the document usually has to physically sign the will to affirm its validity. Florida law also requires the signatures of at least two witnesses. Generally speaking, those witnesses need to be adults who have the capacity to testify in court about the will if necessary. Unlike some jurisdictions, Florida does not prohibit interested parties, including estate beneficiaries, from serving as witnesses. However, choosing uninterested parties as witnesses can reduce the likelihood of other people challenging the will on the basis of undue influence exerted by the witnesses.
Appropriate testamentary language
A will has to clearly outline an individual’s wishes and acknowledge the purpose of the document. Additionally, it is critical that the terms included in the will align with state law rather than violating it. Testators sometimes include provisions in their documents that do not align with state statutes. Their mistakes could undermine the validity of the will.
People who invest in the creation of a will typically want to ensure that the document complies with the law and can, therefore, hold up under scrutiny in probate court. Having support when drafting a will increases the likelihood of a testator complying with all applicable state laws.