Wills provide instructions regarding the distribution of a person’s property after they pass. Adults in Florida generally have the legal right to draft wills clarifying their wishes and naming their beneficiaries. However, for a will to serve its purpose, it must conform to state statutes regarding the contents of the document.
In addition to appropriate testamentary language, a will also requires physical signatures to be valid in the Florida probate courts. Who needs to sign a will executed in Florida for the courts to uphold it?
The testator or their agent
Obviously, the most important signature on a will is the signature of the person establishing their estate plan. Some people with serious medical issues may not be able to sign a will on their own behalf. Provided that the testator is physically present to witness the signing, they can instruct an agent to sign the document on their behalf without compromising its validity.
Two competent witnesses
Florida statutes also require witness signatures. Witnesses can affirm that the person who signed was the testator named in the document.
They can also provide insight into the testator’s state of mind if there are questions about their testamentary capacity or undue influence exerted by an outside party. Generally speaking, any competent adults can act as witnesses, but it is often preferable to choose people who do not have an interest in the estate.
Individuals trying to draft their own wills or use fill-in-the-blank documents they printed at home could easily make mistakes regarding the execution of the document that could undermine its authority later. Partnering with an estate planning attorney when drafting a will can help testators ensure that they fulfill all legal requirements.