Florida Estate Planning Law Firm Gives Advice Regarding Holographic Wills

North Central Florida Attorneys Offer Full Range of Estate Planning Services

A holographic will is one that has been completely handwritten and signed by the testator. Typically, a will must be signed by witnesses attesting to the validity of the testator’s signature and his intent, but in some jurisdictions, holographic wills that have not been witnessed are given equal legal standing to witnessed wills and need only to meet the following minimal requirements in order to be considered valid:

• There must be evidence that the testator actually created the will. This can be proven through the use of witnesses, handwriting experts, or other methods.
• The testator must have had the intellectual capacity to write the will; however, there is a presumption that the testator had such capacity unless there is evidence to the contrary.
• The testator must express a wish to direct the distribution of his estate to beneficiaries.
  Holographic Wills in Florida

Not Valid in Florida

Holographic wills are quite common and are most often created in emergency situations, but they are not typically recognized as valid in the state of Florida. In order for a will to be legal in Florida, it must be signed (or acknowledged) by the testator in the presence of two witnesses, who must be in the presence of the testator and each other when signing. If there are two witnesses, but each sign separately, and they do not see each other and the testator sign, the will is invalid. Even if a holographic will is legal in another state, it will still not be acceptable in Florida unless it is properly witnessed.

Do you have a holographic will and have concerns about its validity in Florida? Dean & Dean, LLP assists clients throughout Marion, Sumter, Citrus, and Lake Counties with a variety of estate planning, probate, and real estate matters. Contact us online or call (352) 368-2800 to schedule your initial consultation today.