A will is likely to be one of the most important documents a person ever drafts. The terms included in a will provide support for family members and establish an individual’s legacy. Especially in scenarios where individuals do not have secondary estate planning documents and have substantial assets to distribute to others, the contents of a will can have a profound impact on those left behind after they pass.
People drafting wills generally need to understand their rights and the potential impact that the documents they create could have on others. They also need to ensure that their testamentary instruments conform to all state statutes. Creating a written document with appropriate language is important, as is ensuring that terms are as up-to-date as possible.
Testators drafting their wills generally need to be of sound mind and must make decisions based on their own wishes, not pressure from outside parties. Therefore, the presence of witnesses is an important aspect of estate planning. Understanding Florida’s rules for testamentary instruments can help people draft valid documents.
Who needs to sign a will?
Obviously, the testator drafting a will typically needs to sign the documents themselves. If they are physically incapable of doing so, then they may need to appoint a trusted individual to sign on their behalf.
Additionally, they usually need to sign in front of two witnesses or discuss their previous signing with witnesses as those witnesses also sign the will. Florida law does not require the notarization of a will, which means that just about anyone can serve as a witness to a will signing.
The people serving as witnesses to a will signing should generally be competent adults capable of understanding the situation and testifying in court later if necessary. The law does not demand disinterested witnesses, but choosing people who do not stand to inherit from the estate to witness the document signing is typically considered the best option. Testators may need help ensuring that their documents actually conform to all Florida statutes.
Having help while drafting documents and reviewing them occasionally for accuracy can help people protect themselves and their loved ones. Valid wills can take pressure off the people left behind when an individual dies and can give people peace of mind regarding the legacy they intend to leave when they pass.