A holographic will is a handwritten will that is not signed by you, the testator, nor witnessed or notarized by the appropriate third parties. This will type is most commonly executed in emergency or time-sensitive instances. However, it is almost always discouraged from selecting, especially in the state of Florida. Read on to discover whether you can legally establish a holographic will in Florida and how a seasoned Broward County wills lawyer at The Probate Lawyers can help you make a valid and enforceable one.
Can I legally establish a holographic will in the state of Florida?
You must understand that holographic will cannot be legally established in the state of Florida under any circumstances. This may be regardless of how much effort you or your beneficiaries put toward proving its legitimacy. Further, this may apply even if you validly executed it in another state that allows it and then moved to Florida afterward.
However, this state’s probate laws may consider a handwritten will valid and enforceable, so long as it was properly witnessed upon your signing. This is because a witnessed, written will may not necessarily be considered a holographic will, at least under Florida statute. Though, we still recommend you avoid a handwritten will type altogether. This is because it often lends to ambiguity that is greatly challenged in a Florida probate court.
What happens if I have an invalid and unenforceable holographic will?
If you made a holographic will without fully realizing Florida’s probate laws, you must nullify it and establish a legitimate will type straight away. This is because, if you wait too long, you may sadly pass on with an invalid and unenforceable will. Meaning, your property and assets may be forced to pass according to the state of Florida’s intestacy standards.
For example, you may have written in your holographic will that you wish your children to inherit your real estate property. However, with this state’s intestacy laws, your surviving spouse may have priority for getting this property, along with all your other assets. And if your children are from a different marriage, then your surviving spouse may get the first 50 percent and your children may split the remaining 50 percent in equal parts.
Or, say that you wrote your desire to pass along certain assets to your close friends. Well, no part in Florida’s intestate succession includes individuals who do not have a familial relationship with you. So, if you have no surviving relatives, the probate court may sooner escheat your assets to the state of Florida rather than your close friends.
In conclusion, there is far more to explain than this blog has only begun to cover. For more information, please get in touch with a competent Broward County estate lawyer at The Probate Lawyers. We look forward to collaborating with you.
