Florida

Overview

Here you will find what is required by state when making a living will. You will also find whether or not this specific state accepts oral or written wills.

Some key terms to keep in mind:

Testator: One who makes or has made a will; one who dies leaving a will.
Holographic Will: A will and testament that has been entirely handwritten and signed by the testator.
Oral Will: An oral will (or "nuncupative" will) is a will that has been delivered orally (that is, in speech) to witnesses, as opposed to the usual form of wills, which is written and according to a proper format.

State Requirements and Will Type Recognition

Code Section

§732.501, et seq

Operative Facts

1. Declarant must be competent
2. Declarant mujst be an adult
3. document must be signed by principal
4. signature must be made in presence of 2 subscribing witnesses (suggested form in 765.302)
5. one of the witnesses must be neither a spouse nor a blood relative

Age of Testator

18 years and of sound mind, or emancipated minor and of sound mind

Number of Witnesses Required

Signed in presence of two attesting witnesses; witnesses must sign in presence of each other and testator.

Oral Will Recognition

Not recognized

Holographic Will Recognition

Not recognized; properly executed will in testators' handwriting is not considered holographic will