The creation and execution of a Last Will and Testament is often a formal, thorough process. The creation of a Will is best done with the advice and assistance of a lawyer, and the execution of a Will is also best done in the presence of that lawyer as well as other required witnesses. These formalities help ensure the Will accurately states the testator’s wishes and help prevent challenges to the will after the testator passes away. While formal creation and execution is the ideal scenario, it is not always the reality.
Sometimes, testators create and execute their Will at the last minute, possibly even on their deathbed when they know that death is imminent. This may happen because the testator fell ill suddenly, failed to execute a Will until they were elderly, or sought to change a previous Will before it was too late. Due to the circumstances that give rise to the creation of deathbed Wills, they are often contested after the testator passes away.
For a Will to be valid in Florida, it must be written, signed by the testator or by someone at their direction, and signed by two attesting witnesses. Florida does not recognize oral or handwritten Wills. If a testator attempts to express a Last Will and Testament simply by speaking their wishes, that oral expression will not constitute a valid Will under Florida law. Additionally, if a testator attempts to express a Last Will and Testament simply by writing down their wishes, that document likewise will not be valid under Florida law.