1. Execution of Wills

Question 1

7 Requirements:

Answer 1

1. T must be 18 or over
2. Will must be in writing
3. T must sign will
4. At the end of the will
5. In the presence of 2 witnesses
6. Who sign in testator’s presence
7. and in the presence of each other

Question 2

Can T have someone else sign on his behalf?

Answer 2

YES.

Signature may be another person at T’s direction, in T’s presence. (If such other person also signs her own name, she counts as one of the two necessary witnesses).

As to signature, any mark-initials will serve as a signature if so intended.

Question 3

Does it matter who signed first?

Answer 3

Order of signing is immaterial if attestation ceremony is all part of one continuous, contemporaneous transaction.

Question 4

What happens if a portion of the will follows the testator’s signature?

Answer 4

CLAUSE PRESENT AT TIME OF EXECUTION:
All of will is invalid

CLAUSE ADDED AFTER EXECUTION:
Will is valid but addition is not

Question 5

Handwritten wills?

Answer 5

OK in FL

Question 6

Scope of Vision Test:

Answer 6

T and witness must look at eachother to sign will (being behind a screen will make it invalid)

Question 7

T, a domiciliary of Belize executes a will written in Creole that complies with the law of Belize but not that of FL, thereafter T dies owning FL real estate.

1. Must T’s estate be administered in FL?
2. Is T’s will valid in FL given the fact that it’s in another language and does not meet the FL wills statute?

Answer 7

1. Yes, you have ancillary administration since property is in FL.
2. Yes (any language works, just give the english translation). Yes

Question 8

Will signed by interested witness:

Answer 8

A will is not invalid because the will is signed by an interested witness.

Question 9

Proof of wills:

Answer 9

Oath of any one attesting witness taken before circuit judge or court clerk. If witnesses cannot be located or are incompetent or dead, oath of personal representative that he believes the writing to be the decent’s last will.