People sometimes choose to prepare their own wills without the help of a lawyer. Handwritten wills are called holographic wills, but they are often deemed invalid.
If your loved one died leaving a handwritten will and you are wondering about holographic wills in Kendall, contact our law firm for help. Our skilled wills attorneys can explain the process for proving the will and what will happen if the court does not accept it.
What Is a Holographic Will?
A holographic will is a handwritten document that explains how a person wants their property distributed after their death. Makers of holographic wills usually sign them, but typically they are not witnessed.
Sometimes a person wants to change a typewritten will drafted by an attorney. They may cross out a section, replace words, or add a new section by hand. By doing so, they create a holographic will, even though the original will was properly drafted and executed.
Some states accept holographic wills under specific conditions that vary from state to state. A person could have a holographic will that is valid in the state where they wrote it, but it may not be valid if they die in Florida and own property here. An attorney in Kendall can review a holographic will and explain whether there is a chance a probate court may accept it.
When a Probate Court May Accept a Handwritten Will
According to the law in Florida, a handwritten will is not necessarily invalid. Florida Statute § 732.502 requires all wills to be in writing and signed at the end by the person making the will (the testator) and two witnesses who must sign in each other’s presence. When the testator is incapable of signing themselves, another person can sign on behalf of the testator and in the testator’s presence. A testator must observe the same formalities when changing an existing will.
Most people making their own will do not follow these formalities, and the omission will mean their will is invalid. However, if someone prepares a handwritten will and it is signed and correctly witnessed, a court would not invalidate it immediately. Instead, the judge would make further inquiries to determine the will’s validity.
Proving a holographic will can be time-consuming and expensive. The court usually requires testimony from the people who witnessed the will, and may require a handwriting expert to verify that the testator actually wrote it. An attorney in Kendall can help a family prepare for a probate hearing to prove the holographic will.
What Happens If the Court Finds the Will Invalid?
If a court does not accept a holographic will, the testator’s property is distributed as if they did not have a will. Florida’s intestacy laws determine how property is distributed when someone dies without a will.
Intestacy laws are complicated, but they attempt to ensure a deceased person’s closest relatives get their property. A spouse gets 100 percent of the property when the person who died either had no children or their spouse is the other parent of all of their children. If either the deceased person or their surviving spouse has children from outside the marriage, the spouse receives 50 percent of the property and the deceased person’s children get the other 50 percent.
When the deceased person does not have a surviving spouse or surviving children or grandchildren, then their parents, siblings, and others can receive their property. When a holographic will is invalid, a Kendall attorney can explain how a deceased person’s property will be distributed in a specific case.
Work With a Kendall Attorney If a Loved One Left a Holographic Will
Holographic wills in Kendall are rarely valid. In most cases, the deceased person’s property will be distributed as if they did not leave a will. Talk to us at The Florida Probate & Family Law Firm if you are wondering about the validity of a holographic will. We offer free case evaluations, so schedule a time to come in and speak with a local probate attorney today.
