The Problem with Handwritten Wills in Florida

Handwritten wills can be surprisingly problematic in Florida. It is tempting to think you can simply jot down your wishes, sign the document, and be done with it. However, Florida law has strict requirements for what makes a will valid. 

At Jurado & Associates, P.A., we have seen firsthand the challenges that can arise when handwritten wills are brought to probate court. Below, we will dive into why these seemingly simple documents should be avoided and offer tips on how to ensure your wishes are carried out the way you intend.

What Is a Holographic Will?

In Florida, a handwritten will is technically called a holographic will. The problem is that Florida law is incredibly strict about what qualifies as a valid holographic will. Under most circumstances, a purely handwritten will with no witnesses will not be admitted into probate. This means your entire estate could be distributed according to Florida’s intestacy laws, which might be very different from your actual wishes.

Florida courts have a high bar when it comes to handwritten wills. The following rules apply:

• Signature: The will must clearly bear your signature. This might seem obvious, but you would be surprised how many potential wills fail this basic requirement.
• Witnesses: Two witnesses must be present when you sign the will. These witnesses must also sign the will in your presence and in the presence of each other.
• Handwriting: While Florida does not require that the entire will be typed out, the key provisions regarding who gets what (also known as the material provisions) must be in your handwriting for a holographic will to be valid.

If even one of these requirements is missing, the whole will could be invalid.

The Dangers of Handwritten Wills

Some common pitfalls with handwritten wills that can lead to problems for your loved ones down the line include:

• Ambiguity: Handwritten documents can be prone to misinterpretation. Is that a 3 or an 8? Did you really intend to leave everything to your third cousin twice removed, or was there a mistake? Ambiguities create opportunities for disputes and can cause family conflicts.
• Challenges: Even if your handwritten will appears straightforward, someone could still contest it in court. This leads to stressful and expensive legal battles for your family, potentially draining the very assets you wish to preserve.
• Changes: Sometimes, life throws curveballs. If you get married, have a child, or buy a house after writing a handwritten will, it might impact the validity of certain provisions. Without proper updates, your intended beneficiaries could be left out.
• Missing Details: Handwritten wills often lack the necessary clauses and specifications to address complex situations like guardianship for minor children, specific tax instructions, or special wishes for cherished heirlooms.

To avoid these complications, we always recommend having an experienced estate planning attorney draft your will. A professionally prepared will adheres to Florida’s legal standards, ensures clear wording, includes essential provisions, and can be adapted to your evolving life circumstances. It is the surest way to protect your hard-earned assets and prevent family discord.

Let Us Help You Get It Right!

Do not leave your family’s future to chance. At Jurado & Associates, P.A., we can help you craft a will that gives you peace of mind and clearly reflects your intentions. 

Your legacy deserves the best protection, and our attorneys can help you achieve it. Schedule a consultation with us today. Call (305) 921-0976, email [email protected], or reach out via WhatsApp at +1 (305) 921-0976. We are ready to provide the personalized guidance you need to ensure your wishes are honored.