For many, finalizing a will can take a considerable weight off your shoulders. However, it’s important to understand that while the bulk of your estate planning may be finalized, your will may not be legally valid until it has been signed in front of two witnesses. As such, if you are unsure what this means or who you should enlist to accompany you for this process, you’ll want to keep reading. The following blog explores what you should know about these matters, including the importance of working with Tampa will lawyers to help guide you through these difficult times.
What Does It Mean to Witness a Will?
In general, you’ll find that in order for a will to be deemed valid in Florida, one requirement is to have two witnesses present for the signing of the document. Once you have signed, the witnesses will also sign the document.
The primary purpose of having witnesses is to ensure that the will is legal. When you pass, your executor must submit a copy of the will to the probate court so it may be proven. If the court has questions, your witnesses can be called to appear before the court. They will generally serve to confirm that you were of sound mind at the time of the document’s finalization and that you were not under duress, nor was the will created or signed under fraudulent circumstances.
Typically, Florida does not have many regulations regarding who can serve as your witness, aside from the fact that they must be a legal adult and of sound mind. However, it’s generally recommended to avoid having beneficiaries or family members serve as your witness, as it can be considered a conflict of interest.
Can I Have My Executor Present?
While you may trust your executor, as exemplified by your decision to appoint them to this important role, it may not be in your best interest to have them witness the signing of your will. Like a beneficiary, their connection to your estate may be called into question, and the will could potentially be contested over their presence at the signing. As such, it’s critical to find two unbiased and unrelated parties to accompany you to the final signing of your document.
Though no undue influence may be present, any beneficiary who feels slighted by the executor’s role in witnessing your signature may attempt litigation, which can be incredibly time-consuming and costly. As such, it’s in your best interest to carefully consider who will witness the finalization of your will.
As you can see, there are several important considerations you must make when creating a will. At Tampa Law Group, our team understands how complicated these matters can be to navigate, which is why we will do everything in our power to help you through these difficult times. When you need assistance, do not hesitate to contact our team today.
