Your Will – What If the Witness dies?

living willYou will can be set aside if it does not comply with Florida law. What if one beneficiary (such as your ex wife) prefers to an older version of your will . The will must be signed in the presence of at least two attesting witnesses; and the witnesses must sign in the presence of the testator and one another. Recent Florida decision shows just how strict those formalities can be.

The court may require that you find two witnesses who can testify in court as to the validity of the will. Witnesses may be very difficult to locate and can result in considerable delays in the administration of your estate. You should pick people for your witnesses that will be easy to locate, and it might be a good idea if they were younger than you.

If you did your will some time ago, and your witnesses are no longer readily available, you might consider re-executing the will with different people.

Does each page of a will have to be signed?

They are only required to witness your signature. You should initial each page in turn, in the designated bottom corner of each page, and then sign your name in full on the last page, in full view of the witnesses.

Ben Winter, P.A. focuses its practice in the areas of real estate law, Social Security Disability and Workers Compensation in St Petersburg, Florida.  For more information, go to our web site www.benwinterlaw.com or call (727) 822-0100.

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