In Florida, handwritten wills are a topic of particular interest and complexity. Mortellaro Law often encounters questions and concerns from clients regarding the validity and enforceability of handwritten wills under Florida law. A Tampa Probate Attorney explores the key considerations and implications of handwritten wills in Florida.
Legal Terms Concerning Handwritten Wills
Understanding the jargon your Tampa probate attorney uses is critical for understanding the law and how wills are handled. Here are some terms that often need clarification:
- Last will and testament: A last will and testament is a legal document communicating a person’s final wishes for their assets.
- Oral (nuncupative) wills: These wills are delivered orally to witnesses and not written or otherwise recorded.
- Handwritten (holographic) wills: This is a written will created by the testator’s hand.
- Unwitnessed wills: This will was created and even signed, but no qualifying witnesses can attest to its authenticity.
- “Witnessing” a will: This is the act of bearing legal witness to the veracity and authenticity of a person’s will. Certain qualifications exist for witnessing a will.
Our subject is handwritten (holographic) wills, but other terms arise in discussions and disputes.
Validity of Handwritten Wills in Florida
One of the fundamental questions surrounding handwritten wills is whether they are valid and legally enforceable in Florida. According to Florida law, a handwritten will is valid if it meets certain requirements. Specifically, the will must be entirely in the testator’s (the person making the will) handwriting and must be signed by the testator.
A handwritten will that is properly and legally witnessed is completely valid and enforceable under Florida probate law.
“Any will, other than a holographic or nuncupative will, executed by a nonresident of Florida, either before or after this law takes effect, is valid as a will in this state if valid under the laws of the state or country where the will was executed. A will in the testator’s handwriting that has been executed in accordance with subsection (1) shall not be considered a holographic will.”
While this is the letter of the law, it is important to note that handwritten wills can often lead to disputes and challenges during the probate process. Without witnesses to attest to the document’s authenticity, there may be increased opportunities for disputes regarding the testator’s intentions and the validity of the will itself.
Challenges and Complications
The absence of witnesses to a handwritten will can create challenges during the probate process. In cases where the validity or legitimacy of the will is called into question, additional legal proceedings may be required to establish its authenticity. This can lead to delays, increased expenses, and potential disputes among the beneficiaries and interested parties.
Furthermore, handwritten wills may lack the clarity and specificity typically present in formally established wills. Ambiguities in the language, the absence of key provisions, or the failure to address certain assets and beneficiaries can lead to confusion and disagreements among the beneficiaries, potentially resulting in protracted legal battles.
Probate Administration of Handwritten Wills
When a handwritten will is submitted for probate in Florida, the court will carefully scrutinize the document to determine its validity and enforceability. The burden of proof falls on the person seeking to have the will admitted to probate, and this process may involve presenting evidence to establish the authenticity of the testator’s handwriting and signature.
In cases where the handwritten will is contested, the court may require witnesses, experts in handwriting analysis, or other forms of evidence to ascertain the testator’s intentions and the document’s validity. This can prolong the probate administration process and may lead to heightened tensions and conflicts among the interested parties.
Recommendations and Considerations
Our Tampa probate attorneys at Mortellaro Law advise our clients to approach the creation of wills with careful consideration and foresight. While handwritten wills may seem convenient, they pose significant challenges and uncertainties during the probate process. You should consult an experienced estate planning and probate attorney to get help clearly and legally expressing your testamentary wishes.
In many cases, opting for a formal printed will with witnesses can provide greater certainty and security for the testator and their beneficiaries. Mortellaro Law legal professionals can help you see that all legal requirements are met and that the document accurately reflects your intentions.
Ready to secure your legacy? Contact Mortellaro Law today. With offices in Tampa, St. Petersburg, Lakeland, and Stuart, Florida, we offer free consultations to discuss wills, probate, and other estate planning needs.
