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Understand the basics about will requirements in Florida

| May 11, 2018 | probate |

Most people in Florida know what a will is supposed to do as part of an estate plan. This document is intended to specify how the person who makes it, called the testator, wants their assets distributed upon death, as well as noting any potential guardian for minor children, among many other possibilities. But, in order to have an effective will drafted, there are certain legal requirements for this document that must be met.

First, the testator must be at least 18-years-old or, if the person is a minor, that individual must be emancipated. Additionally, beyond the person’s age, the person must also be of sound mind. This is obviously a somewhat subjective term, and there are many factors that may come into play if a will is challenged on the basis that the person was not of sound mind when the document was crafted. But, essentially, sound mind means that there is no reason to question the person’s ability to think for themselves and make appropriate and well-thought decisions.

Next, the will must be signed appropriately. Under Florida law, this means that the document must be signed by two witnesses, who must sign the document when they are in the presence of each other and in the presence of the testator.

These are some of the basic requirements for a will to be considered valid under Florida law. However, just because a will is valid doesn’t mean that the terms of the will are correct and are best for the testator. Anyone who is interested in having a will drafted may want to get more legal information about the options that are right for them.