![]() ![]() Our attorneys at Legacy Protection Lawyers, LLP, are prepared to help. Other interested parties may pursue a Will contest action by arguing that the beneficiary who witnessed the signing of the Will had undue influence over the Testator when the document was signed.Ĭontact our knowledgeable estate planning lawyers if you are not sure who to select to serve as a witness to your Will in Florida. However, a beneficiary serving as the witness may heighten the risk of Will contests. The statute also states that a Will or codicil is of value even if the document is signed by an interested witness, including a beneficiary. § 732.504 provides that the signing of a Last Will and Testament can be witnessed by any individual who is competent to serve as a witness. The short answer is, “Yes, beneficiaries can witness the signing of a Will.” Fla. While Florida law does not require the Testator to notarize the Will for the document to be valid, many choose to do it anyway.Ĭan a notary serve as the witness to the Will? Yes, a notary can be a witness as long as they sign the document in the presence of the Testator and the second witness.Ĭan Beneficiaries Serve as Witnesses to a Will? § 732.502 also requires witnesses to a Will to sign the document in the presence of the Testator and each other. Who Can Witness the Signing of a Will in Florida?īut let’s return to our main question here, “ Who can witness the signing of a Last Will and Testament?” In short, Florida law states that any adult who is competent to serve as a witness can witness the signing of a Will.įla. Does a promissory note have to be notarized A valid promissory note only needs the signatures of the participating parties involved in the agreement, not necessitating acknowledgment or being witnessed by a notary public to be legitimate. It is advisable to seek the legal counsel of a knowledgeable attorney when drafting a Last Will and Testament in Florida. Florida law does not require that the promissory note be notarized. If any of the above-mentioned legal requirements are not met, the Will may be deemed invalid. The signing of the Will must be witnessed by two competent adults in the presence of the Testator.The Testator (the person creating the Will) must be an adult of sound mind or an emancipated child (Fla. ![]() Each of the requirements must be followed to ensure the validity of your Will in Florida: The Legal Requirements of Writing a Valid Will in Floridaįlorida law imposes strict on writing and executing a Last Will and Testament. Petersburg estate planning lawyers to receive expert advice. However, since each case is unique, you may want to schedule a consultation with our St. We decided to address this question to help you understand the formalities of drafting a valid Will in Florida. Our estate planning attorneys at Legacy Protection Lawyers, LLP, are often asked, “ Who can witness the signing of the Will in Florida?” If no one witnessed the Will or there was only one witness, the document is not valid. All self-proving affidavits must be notarized (. Florida has several requirements that must be followed in order to have a valid will. Who Can Witness A Last Will And Testament In Florida?Īs you may know, a Last Will and Testament must be signed in front of two witnesses. There is no requirement for a will to be notarized in Florida unless the will includes a self-proving affidavit. ![]()
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