On behalf of Law Offices of Frye, Fortich & Garcia, P.L. | July 15, 2024 | Wills
The term “holographic will” refers to a testamentary document that is handwritten and signed by the testator — the person whose will it is — without the presence of witnesses. While such wills may be recognized as valid in some jurisdictions. Florida does not recognize holographic wills as valid, regardless of whether they are executed within the state or elsewhere.
According to Section 732.502 of the Florida Statutes, for a will to be legally binding in Florida, it must be written, signed by the testator at the end, and executed in the presence of two attesting witnesses. The rationale behind this stringent requirement is multifaceted. Firstly, it minimizes ambiguity and misinterpretation. Secondly, the presence of witnesses provides an additional layer of verification, confirming the testator actually executed the document.
It’s important to note that if a handwritten will is executed with the statutory formalities indicated above, (i.e. signed in the presence of two witnesses) it is not considered a holographic will under Florida law. This underscores the state’s emphasis on formal execution procedures.
For those who have moved to Florida with a previously created holographic will, or for those considering drafting their will without legal assistance, it is crucial to understand these rules. Failure to comply with Florida’s legal requirements can result in a will being declared invalid, and the estate will be distributed according to the state’s intestacy laws, which may not align with the decedent’s wishes.
In conclusion, while the concept of a holographic will might seem appealing due to its simplicity, in Florida, it is simply not an option. Those seeking to ensure their final wishes are honored should consult with an estate planning attorney to navigate the complexities of Florida’s testamentary laws. By doing so, individuals can create a valid, Florida will that reflects their wishes.
