You may have always been practical and preferred to get things done independently. Or, you may like to be efficient and accomplish tasks as quickly as possible. Given these conditions, you may want to write down your Last Will and Testament simply on a piece of paper, without undergoing the whole process of hiring and paying for a lawyer and a notary’s involvement. Well, before you proceed hastily, please read on to discover whether the Florida probate court will view a handwritten will as legally binding and how a seasoned Broward County wills lawyer at The Probate Lawyers can help confirm the validity of your estate plan.
In the eyes of the Florida probate court, what makes a handwritten will legally binding?
Surprisingly, the Florida probate court may consider your handwritten will (i.e., holographic will) legally binding. Importantly, though, this document must meet the same requirements as a standard, typed will established alongside a lawyer and notary, such as the following:
- You must have been at least 18 years old and mentally competent at the time of writing your will.
- You must have signed the bottom of your written will in the presence of at least two witnesses.
- You must have had your two present witnesses sign the bottom of your written will after you.
Also worth mentioning, you must personally write the terms and conditions of your holographic will. That is, the probate court may not accept a document in someone else’s handwriting, even if you orally dictated what they should write. On a similar note, oral wills (i.e., nuncupative wills) are never accepted in the state of Florida.
What are the potential issues I must consider before using a handwritten will?
Even though your handwritten will is technically legally enforceable, it still has the potential for scrutiny by the Florida probate court itself, along with your loved ones who have a potential stake in your estate. For example, if you have arguably poor penmanship, the Florida probate judge may have a difficult time deciphering certain terms and conditions you have written down. With this, they may feel uncomfortable and unwilling to make an educated guess on what you exactly directed.
In another example, even if your handwriting is clear, your writing style may be considered confusing. Specifically, your loved ones may interpret what you intended to instruct regarding certain estate property and assets rather differently. If they are unable to get on the same page, so to speak, they may feel as though they have no choice but to contest your will and commence estate litigation proceedings.
In either of these scenarios, the court may find the need to step in and make a final ruling on your estate’s administration. Unfortunately, the end result may be a stark contrast to your written wishes. So, if you desire more clarity before writing down or speaking on your will, please do not wait any longer to reach out to a competent Broward County estate lawyer. Retain the services of The Probate Lawyer today.
