Each state has different requirements for what makes a valid Last Will and Testament. If you recently moved to or from Florida, you should look at your current Will to confirm that it is valid in your new state of residence.
If you are a legal adult (18 or older) or an emancipated minor, you may draft your Will. Therefore, most minors (under age 18) cannot have a Will. You must also be of sound mind when making your Will. You cannot be incapacitated or unaware of your surroundings.
In Florida, the Will must be in writing. Therefore, Florida does not recognize nuncupative Wills (a Will made orally in the presence of others).
Additionally, you (the “Testator”) must sign the Will at the end of the document. If you are physically incapacitated, someone else may sign your Will at your direction, but you must be present to watch them sign it, and of sound mind to direct them to sign.
In Florida, two witnesses are required. They must sign the Will in the presence of you, the Testator, and in the presence of each other. Witnesses are permitted to be beneficiaries in the Will. However, it is often better if the witnesses to the Will are not beneficiaries of the Will.
While it is encouraged to review your estate planning documents after moving to a new state, Florida will recognize Wills that are executed and valid in other states. However, Florida will not recognize a holographic or nuncupative Will, even if it is valid in the state it was made.
If you need to revise or make a Will, contact an attorney today.