Is a Handwritten Will Valid Under Florida Law?

By: Jacqueline R. Bowden Gold, Miami Lakes Estate Planning Attorney

handwritten will

When planning for the future, a crucial step is ensuring that your wishes are respected after your death. This often involves creating a will. However, not all wills are created equal, and understanding the types of wills and required formalities is essential in Florida. One type is a “holographic will,” which is not recognized as valid under Florida law. Let’s explore what a holographic will is, why it’s not valid in Florida, and why a holographic will created in another state may still be problematic if you move to or have assets in Florida.

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What is a Holographic Will?

A holographic will is a will and testament that is handwritten and signed by the person making the will (the testator). Unlike traditional wills, which are typically typed and witnessed by others, a holographic will is entirely written in the testator’s own handwriting and does not require witnesses to be valid in some jurisdictions. This type of will is often created in situations where the testator wants to quickly document their final wishes without the formalities of a traditional will. I have seen this done on napkins, notebooks, and even the back of an envelope.

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Why Are Holographic Wills Not Valid in Florida?

Florida law is very specific about the requirements for a valid will, and these requirements are strictly enforced to ensure the authenticity and reliability of the document. According to Florida Statutes § 732.502, for a will to be valid in Florida, it must meet the following criteria:

Written: The will must be in writing.
Signed: The will must be signed by the testator (or by someone else in the testator’s presence and at the testator’s direction).
Witnessed: The signing must be witnessed by at least two individuals who must sign the will in the presence of the testator and in the presence of each other.

A holographic will, by its nature, does not meet these witness requirements. Even if the holographic will is written, signed, and dated by the testator, without the attestation of two witnesses, it is not recognized as valid in Florida.

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Why Does Florida Disallow Holographic Wills?

The reasoning behind Florida’s disallowance of holographic wills revolves around concerns of fraud, undue influence, and misunderstandings regarding the testator’s true intentions. The requirement for witnesses provides an additional layer of security, ensuring that the will reflects the testator’s wishes and that the testator was of sound mind and not under duress at the time of writing.

Without witnesses, it becomes more challenging to prove the validity of the will in court. For example, a handwritten document could be easily forged or altered, and without witnesses to testify to the circumstances under which the will was created, it might be difficult to confirm its legitimacy. Florida’s stringent requirements aim to prevent these potential issues and protect the interests of the testator’s heirs and beneficiaries.

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What if a Holographic Will Was Created in Another State?

The issue becomes more complex when considering a holographic will created in a state where such wills are recognized as valid. For example, a person may create a holographic will in a state like Texas, where holographic wills are legally valid if they meet specific requirements. However, if that person then moves to Florida or owns property in Florida, the holographic will is not automatically recognized.

Florida law generally respects wills that are valid under the laws of the state where they were executed. However, there is an exception: Florida explicitly does not recognize holographic wills, even if they were validly executed in another state. This means that if a holographic will was created in a state where it is allowed, but the testator then moves to Florida or has significant assets in Florida, the will may not be enforceable in Florida probate courts.

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The Importance of Proper Estate Planning

The invalidity of holographic wills in Florida underscores the importance of proper estate planning. If you have moved to Florida from another state or have assets in multiple states, it is essential to review your will to ensure it complies with Florida law. Failure to do so could result in your will being declared invalid, leaving your estate to be distributed according to Florida’s intestacy laws, which may not align with your wishes.

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To avoid these issues, it is advisable to consult with an experienced Miami Lakes estate planning attorney who can help you draft a valid will that meets all the legal requirements in Florida. By doing so, you can ensure that your final wishes are respected and that your loved ones are provided for according to your intentions. Proper legal guidance can ensure that your will is enforceable and that your estate is handled according to your wishes. For more information on estate planning, contact attorney Jacqueline R. Bowden Gold at (305) 556-5209 or by email JBowden@raricklaw.com.