Wills

Question 1

In Florida, where must a will be signed?

Answer 1

At the end.

• If there is a provision below the testator’s signature that disposes of property, the ENTIRE WILL IS INVALID and cannot be admitted to probate.
• BUT if taht provision is added after the will is signed by the testator, the will would be valid and admitted to probate, BUT the added provision would be disregarded.
• ONLY the words present on the will at the time it was executed are part of the duly executed will.

Question 2

Does Florida have an anti-lapse statute?

Answer 2

Yes.

if the predeceasing beneficiary is a grandparent or a descendant of a grandparent of the testator and the the predeceased beneficiary is survived, the gift is saved for those descendants but not the predeceased beneficiary’s estate (i.e., the kids get it, not the spouse).

Question 3

Per Stirpes in FL?

Answer 3

Yes. If no will and no surviving spouse, then per stirpes.

Question 4

Is a provision in a will that penalizes a person for contesting the will, etc. valid in FL?

Answer 4

No

Question 5

What are the 3 presence requirements for a will in Florida?

Answer 5

1. testator must sign or acknowledge her previous signature in the witnesses’ presence (present at the same time)
2. the 2 witneses must sign in the testator’s presence and
3. the witnessses must sign in each other’s presence.

A FL will is not invalid b/c it is signed by an interested witness.