A Will is a written document controlling the disposition of estate assets and cash at death. The laws of each state set the formal requirements for a wIll to be a legal will. Here are the laws in Florida regarding an official and valid will:
1. The maker of the will (called the testator), must be at least 18 years old.
2. The testator must be of sound mind at the time they sign the will.
3. The will must be written to be an official document.
4. Important: The will must be witnessed and notarized in the special manner provided by law for wills.
5. It is necessary to follow exactly the formalities required for the execution of a will.
6. To be effective, the will must be proved in, and allowed by, the probate court.
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No will becomes final until the death of the testator, and it may be changed or added to by the testator by drawing a new will or by a “codicil,” which is simply an addition or amendment executed with the same formalities of a will. A will’s terms cannot be changed by writing something in or crossing something out after the will is executed. In fact, writing on the will after its execution may invalidate part of the will or all of it.
Some of the content of this information is courtesy of The Florida Bar and represents general legal advice. Because the law is continually changing, some provisions in this blog may be out of date. It is always best to consult an attorney about your legal rights and responsibilities in your particular case.