Gen - Execution Rules

Question 1

Can another person sign a will at T’s direction on T’s behalf?

Answer 1

Yes but it must be done in T’s presence.

Question 2

What are the elements required for a valid will?

Answer 2

1) Testator is over 18
2) Will must be in writing
3) T must sign the will
4) T must sign at the end of the will
5) T must sign in the presence of two witnesses
6) Witnesses must sign in the presence of T and in the presence of eachother

Question 3

True or False: Order of signing of T and Ws is immaterial if attestate ceremony is part of one continuous transaction.

Answer 3

True

Question 4

What occurs if in FL if any text of the will follows the signature of the testator in the original will?

Answer 4

The whole will is invalid.

Question 5

What occurs if text is added under the signature of the will later in time?

Answer 5

The will is construed without the text that is added.

Question 6

Does FL accept holographic wills?

Answer 6

No - 2 Witnesses are required

Question 7

What test does FL follow regarding the execution of the Will by T and Witnesses?

Answer 7

Scope of Vision Test: All parties must be in the presence of one another visibly and must sign before on another.

Question 8

What is the majority test regarding the execution of the Will by T and Witnesses?

Answer 8

Conscious Presence Test - not required to visibly see one another as long as the parties have capacity to understand what they are doing.

Question 9

Will Florida honor a will executed in accordance with the provisions of a foreign jurisdiction?

Answer 9

Yes so long as it is not a holographic will.

Question 10

Is a will in a foreign language invalid ?

Answer 10

No must be presented to the court with a translation to english.

Question 11

How can a proof of will be done without prior affidavit?

Answer 11

In front of circuit judge or court clerk - oath of an attesting witness or personal rep. that they believe the will is the last will of T.

Question 12

What do self proved will establish?

Answer 12

That the formalities of execution have been presumed. It does not presume that there is not an issue of mental capacity, fraud, undue influence, etc.

Question 13

Does a self proved will establish that no issue of mental capacity, fraud, or undue influence exists?

Answer 13

No

Question 14

True or False: Witness signatures on the self-proving affidavit can be used to satisfy the signed by 2 witnesses requirement.

Answer 14

True

Question 15

When was the rule for electronic wills passed?

Answer 15

January 1, 2020

Question 16

Can a T sign their will electronically?

Answer 16

Yes - must state that they intend to execute it and understand that the will is executed under FL law.

Question 17

Is remote witnessing allowed?

Answer 17

Yes - need not be physically present but 2 W and T must by video conference in front of a notary electronically sign the will during the conference.

Question 18

Who is excluding from the remote witnessing provison?

Answer 18

Vulnerable adults - whos ability to perform normal activities is impaired because of a mental, physical, development disability or infirmity.

Question 19

Can a self-proved electronic will be obtained?

Answer 19

Yes - made a part of or logically associated with the electronic record of the will.

Question 20

True or False: A qualified custodian must be designated to control the will before it offered for probate or revoked by T.

Answer 20

True

Question 21

What is required for a qualified custodian?

Answer 21

1) Must be a person who consistently employs a system for maining custody of e-records.
2) Must be resident domiciliary in Fl or a FL incorporated or organized business.