Is a will drafted by any competent person considered legal?
To make a valid will in Florida, the testator (the person for whom a will has been created) must be at least 18 years old and of sound mind at the time the will is signed. The will must be written and it must be signed at the end by the testator or by a proxy acting at the testator’s direction. The testator’s signing must be done in the presence of two witnesses (known as “attesting witnesses”), and then the witnesses must sign the will in the presence of the testator and each other. A holographic will that is made in the testator’s handwriting and signed only by the testator is invalid under Florida law unless it is witnessed and signed by two attesting witnesses, as required by statute. Although there is no age-limit for the attesting witnesses and no statutory prohibition against the witnesses being beneficiaries under the will, it is best if the witnesses are disinterested adults. Beneficiaries might be accused of exerting undue influence over the testator, or the credibility of be