DOES FLORIDA RECOGNIZE HOLOGRAPHIC WILLS?

A holographic will is one in which the creator of the will composed the document in their own handwriting. Holographic wills may have once served the purpose of allowing individuals to put their testamentary intentions down on paper even if they could not fulfill the formal requirements of executing formal wills. However, in Florida holographic wills are not recognized and all wills, even those written out by their creators, must meet the formal requirements of the state's laws.

For example, a Floridian must be at least 18 years old and of sound mind to make a will. An exception to this rule may be made if the will creator is a minor who is emancipated from their parents or guardians. The will creator must have two witnesses sign their will in order for the document to be valid, but the law does not specify if the document must be drafted on a computer or in the hand of the will creator.

Therefore, a Florida resident may write out their entire will by hand but in order for that document to be a valid will it must meet the other requirements mentioned herein. As a reminder, this post does not offer legal advice and this discussion of will execution should not take the place of consultation with an estate planning attorney.

Holographic wills and nuncupative, or oral, wills are not recognized in Florida. For this reason it is important that individuals who wish to execute wills seek the counsel of legal professionals who may help them implement their testamentary plans all while meeting the requirements of the state's will execution laws.

Please reach out to us at 141 5th Street NW, Suite 300, Winter Haven, Florida 33881 at 863.294.1114.

Established in 1991, Rignanese & Associates is available to work with clients on their legal needs.

On behalf of J. Kelly Kennedy, Attorney/CPA, PLLC, which has been acquired by Rignanese & Associates, PLLC.