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What is required for a will to be valid in Florida?

| Mar 21, 2019 | Firm News, probate |

One of the most important parts of an estate plan is a will which directs the distribution of the estate planner’s assets to the beneficiaries they select and according to their direction. There are many considerations to take into account when estate planning including wills, beneficiaries and probate so it is important to be as familiar as possible with the different components of an estate plan and the requirements for each of them.

It is essential that the requirements for a will to be valid are met when drafting and executing a will. To properly execute a will in Florida, certain requirements must be met including that the estate planner signs the will in front of two or more witnesses and that the witnesses must sign in front of the estate planner as well as in front of the other witnesses. In addition, the estate planner must meet certain requirements to execute a will including that they are at least the age of majority, typically 18 years old, and are competent to execute a will which usually requires that they are of sound mind to execute a will.

A will is only part of an effective overall estate plan and estate planners should be familiar with every aspect of an estate plan. Legal tools and options to help estate planners include wills, trusts, living wills, durable powers of attorney and other resources as well.

No one estate plan works for everyone so estate planners should understand how to use these legal resources to achieve their estate planning objectives. A valid will is an important part of an estate plan which can provide peace of mind to estate planners and their families and help ensure the estate planner’s wishes are fulfilled and property is distributed according to those wishes.