Welcome to this episode of Lumsden Law, where we dive into the essentials of drafting a Last Will and Testament and what it means for anyone preparing a will under Florida law. If you’re thinking about securing your estate or ensuring your legacy, you need to know what qualifies as a valid will in Florida — and what common pitfalls to avoid.
In this conversation, we explain the requirements mandated by Florida statutes: the will must be in writing, signed by you (the testator), and witnessed by at least two competent individuals who sign in your prelusence and in the presence of each other. DeLoach, Hofstra &
We also discuss why handwritten wills alone — known as holographic or nuncupative wills — are not accepted under Florida’s probate code.
Whether you’re revisiting an existing will or creating one for the first time, this episode guides you through how to ensure your estate planning is airtight and legally effective. We also highlight the benefits of making your will “self-proving” (notarised and witness-affidavit included), which can speed up probate and reduce the need for court testimony.
For anyone seeking full legal guidance, consider reaching out to Lumsden Law — because effective estate planning in Florida deserves professional support.
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📞 Call to Action
Need help drafting your Last Will and Testament or clarifying will under Florida law? Contact Lumsden Law today at (407) 798-7744 or email info@lumsdenlawfirm.com. Secure your peace of mind with professional estate planning in Florida.
A: Under Florida law, a will must be in writing, signed by the testator at the end of the document, and witnessed by two credible people who also sign in the presence of the testator and each other.
A: No. Florida does not accept oral (nuncupative) wills or unsanctioned handwritten wills without proper formalities.
A: Not necessarily. A will does not have to be notarised to be valid, but notarisation (making the will “self-proving”) can expedite probate and avoid delays.
A: Anyone aged 18 or older (or an emancipated minor) who is of sound mind can create a will in Florida.
A: Professional estate planning ensures your will meets all formal legal requirements, reflects your wishes accurately, and minimises the risk of challenges under probate law — especially important in complex estates.