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Law Office of Randall A. Fischer P.A. At Stuart

2100 SE Ocean Blvd #203, Stuart,
Martin, Florida 34996
Phone: (772) 463-7737


Randall A. Fischer, P.A.

725 SE Port St Lucie Blvd #206, Port St. Lucie
St. Lucie, Florida 34984-5232
Phone: (772) 463-7738


Randall A. Fischer, P.A. Law Office At Jupiter

1080 East Indiantown Road #104
Jupiter, Florida 33477
Phone: (561) 316-7111


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Is a Holographic Will Valid in Florida?

What is a Holographic Will?  Is a Holographic Will Valid in Florida?

In general, a holographic will is a handwritten will drafted and signed by the testator.  There are many stories and rumors as to the validity of holographic wills and whether they are valid in Florida.

I have received calls regarding whether or not a holographic will is valid in Florida.  The question is more interesting than one might think.  In Florida if the will is properly executed then it is not deemed a holographic will.  The validity is in the execution.  At the bottom of this posting is the statute regarding the execution of a Will in the State of Florida.

That said, what is more important is the actual language used in the will and to make sure you wishes are carried out.  It may not be so much that the will is properly executed but the confusion created by how it is written.

It is important to make sure your wishes are carried out and the legacy you leave to your family handled in a responsible manner.  I can provide you the assistance you need.  Give me a call  or fill out the contact us page and I will call you.

 

732.502 Execution of wills.—Every will must be in writing and executed as follows:

(1)(a) Testator’s signature.—

1. The testator must sign the will at the end; or

2. The testator’s name must be subscribed at the end of the will by some other person in the testator’s presence and by the testator’s direction.

(b) Witnesses.—The testator’s:

1. Signing, or

2. Acknowledgment:

a. That he or she has previously signed the will, or

b. That another person has subscribed the testator’s name to it, must be in the presence of at least two attesting witnesses.

(c) Witnesses’ signatures.—The attesting witnesses must sign the will in the presence of the testator and in the presence of each other.

(2) Any will, other than a holographic or nuncupative will, executed by a nonresident of Florida, either before or after this law takes effect, is valid as a will in this state if valid under the laws of the state or country where the will was executed. A will in the testator’s handwriting that has been executed in accordance with subsection (1) shall not be considered a holographic will.

(3) Any will executed as a military testamentary instrument in accordance with 10 U.S.C. s. 1044d, Chapter 53, by a person who is eligible for military legal assistance is valid as a will in this state.

(4) No particular form of words is necessary to the validity of a will if it is executed with the formalities required by law.

(5) A codicil shall be executed with the same formalities as a will.

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