Drafting a will is important to ensure that your loved ones are protected, financially and otherwise, after you pass away. However, a will must meet certain requirements for it to be considered valid by the courts.
Under Fla. Stat. Sec. 732.502, a valid will in Florida generally must adhere to the following requirements:
- Testator requirements: The will must have been created voluntarily by a person who is at least 18 years of age or an emancipated minor who is ‘of sound mind’ or has the mental capacity to understand the contents and purpose of the will.
- Creation of the will: The will must be in writing and signed by the testator (creator) of the will. If the testator is unable to sign the will, it must be signed with their consent and in their presence. The will must be signed in front of at least competent witnesses. These witnesses should ideally not
- Intent: There is no specific language that needs to be included in the will to make it valid. However, the will must show that the testator intends to leave their assets to their beneficiaries upon the testator’s death.
Can I make changes to the will once it is signed?
If you need to make changes to your will, you can either create a new one, which will essentially revoke your previous will, or amend your current will with a codicil. The codicil must be executed in accordance with state law.
As you begin the estate planning process, you should pay special attention to the state requirements for creating a will. Failing to adhere to state requirements may result in invalidation of your will.