If you don’t make a resolution to do anything else this New Year, make and keep a resolution to create a will.
Who should have a will? Any person who is of sound mind and 18 or more years of age (or an emancipated minor) may make a will. No particular form of words is necessary to create a valid will but, every will must be in writing and signed by the maker (“testator”) at the end in the presence of at least 2 competent witnesses. The witnesses should understand that they are witnessing the signing of the testator’s will at the request of the testator. At the death of the testator, the witnesses must prove the will by verifying to the court that the will was signed in their presence, in the presence of each other and that the testator was of sound mind. A will may be made self-proved at the time of its execution or at any subsequent date by the acknowledgment of it by the testator and the affidavits of the witnesses, made before an officer authorized to administer oaths (a notary public) and evidenced by the officer's certificate attached to or following the will, in substantially the following form:
STATE OF FLORIDA
COUNTY OF _____
I,_______________, declare to the officer taking my acknowledgment of this instrument, and to the subscribing witnesses, that I signed this instrument as my will.
______________________________
We,__________and__________, have been sworn by the officer signing below, and declare to that officer on our oaths that the testator declared the instrument to be the testator's will and signed it in our presence and that we each signed the instrument as a witness in the presence of the testator and of each other.
______________________________
______________________________
Acknowledged and subscribed before me by the testator, (type or print testator's name), who is personally known to me or who has produced (state type of identification) ) as identification, and sworn to and subscribed before me by the witnesses, (type or print name of first witness) who is personally known to me or who has produced (state type of identification) ) as identification, and (type or print name of second witness) who is personally known to me or who has produced (state type of identification) as identification, and subscribed by me in the presence of the testator and the subscribing witnesses, all on (date).
(Signature of Officer)
(Print, type, or stamp commissioned name and affix official seal).
These are the basic requirements. The law has nuances when confronted by unique situations, i.e., a testator that is illiterate, a blind testator, and interested witnesses. A qualified attorney can lead you through the processes and help assure that your loved ones are not confronted with an improper and ineffective Will that does not truly carry out your wishes. For more information, including a guide to Estate Planning, go to our website at http://www.arnettlegal.com/ or call us at 850.502.4373.
