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Can a beneficiary witness a will in Florida?

Tampa, FL |

I just wrote my will, and would like it to be witnessed. Ideally i would just like my family members to be witnesses, but I've read that most states do not allow a beneficiary or personal representative/executor to also be a witness. For Florida though, my understanding is that beneficiaries CAN be witnesses to the will.
Florida statute 732.504 states:
Who may witness.—(1) Any person competent to be a witness may act as a witness to a will. (2) A will or codicil, or any part of either, is not invalid because the will or codicil is signed by an interested witness.
How can I verify this is true (without of course going to lawyer)?

Attorney Answers 2


You are correct, the will is not automatically invalidated because it has an interested party as a witness. However, you ideally will want a will that can hold up under scrutiny. You need two witnesses in Florida. I suggest that you use two uninterested parties as your witnesses.

THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.

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I agree-it is Ok to have one interested witness-but better to have two non-interested and notary(self proving).
You can get a proper will and peace of mind for less than $75 in many law offices.

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