Are Holographic Wills Valid in Florida?

Are Holographic Wills Valid in Florida?

Posted By Owenby Law, P.A. || 18-Sep-2017

A hand written and unwitnessed will is called a “holographic” will. Although holographic wills are valid in many states across the country, they are not valid in Florida. A handwritten will is valid in Florida only if it has been properly signed and witnessed. In this blog, we explain what you need to make a valid will in the state of Florida.

Valid Will Requirements

The most commonly used wills in Florida are attested wills. Attested wills are written and signed by a testator in the presence of two witnesses. Attested will requirements are as follows:

  • The will must be in writing
  • The will must be signed
  • Two witnesses must be able to attest to the will
  • The testator must sign the will in the presence of the two witnesses

Although it is common for a testator to sign and initial each page of the will, it is not legally required. There is no age requirement to be a witness, however, a witness must have the ability to see the testator sign the will, as well as the ability to understand what the testator is doing. Witnesses do not have to read the will, but they do have to sign it.

Contesting a Will

A will can be challenged for things like:

  • Defects in execution
  • Forgery
  • Fraud
  • Duress
  • Mistake
  • Lack of testamentary capacity or intent
  • Revocation
  • Undue influence

The statute of limitations for contesting a will is three months from the date of service. Will contest can be difficult to prove, which is why you should hire an experienced attorney to help you through this complex process.

At Owenby Law, P.A., we are committed to our clients and their legal needs. We’ve been serving the Greater Jacksonville area for over decade and we have the experience that you’ll need to successfully make your will.

Call (904) 770-3141 to get started on your free consultation today.

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