EXECUTING A WILL Flashcards
Who may make a will?
18 y/o with sound mind
or
emancipated minor
Requirements to execute a will
(1) testator’s signature at end OR (name must be subscribed at end by some other person in testator’s presence and at his direction)
(2) 2 witnesses -
* they witness testator’s signing or acknowledge that he signed will previously
- these two witnesses sign in presence of testator and each other
Who can be a witness?
any competent person
* doesn’t have to be 18
* can be interested person
What if D has will made when he lived out-of-state
Any will executed by non-resident of FL is valid in FL if it was valid wherever he was when he signed it
* EXCEPT - **holographic wills ** - even if that’s ok in another state
* if proper in other state to have handwritten with 1 signature - that’s ok, not a holographic will
What is a holographic will?
handwritten will with NO witnesses
*** if there is one witness, it’s not a holographic will **
Form of the wording
No specific form required if it’s executed with the formalities required by law
What is a codicil
supplement to will
What is required to execute a codicil?
Same formalities as will
Self proof of Will
Will or codicil executed in conformity with requirements may be made self-proved at the time of execution or any subsequent date
How to self prove a will
by acknowledgement of it by testator and affidavit of witnesses made before notary public
* can be same witnesses of will
What is a self-proving affidavit
sworn statement attached to will that attests the will was executed in conformity with the law
- will can be admitted to probate without further proof (no need to produce the witnesses)
