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In order for will to be valid, Is "sound mind and body" language required in will or simply "sound mind"?

Hollywood, FL |

If a Testator has a physical challenge or disability but is of sound mind, should the language of the will contain the words "sound mind and body" or simply "sound mind" in order for the will to be valid?

Attorney Answers 4


  1. The language added to a Will is not going to make a difference if the person signing the Will does not have capacity. The words alone will not validate the will.


  2. Have an attorney assist in the preparation of the will if there is any issue so that appropriate protections can be put in place.

    The answers given are limited to the facts as given and presumed by the answer itself. Without seeing actual written documentation or having a conference to more fully explore the issues, this short answer has only limited application. Make sure to seek legal counsel and provide all documentation to get assistance in making informed legal choices. Bstein@dcfsz.com, 305 377 1505


  3. It is not very expensive to have a simple will drafted by a licensed Florida Wills attorney. Yet, saving a few hundred dollars could result in some unanticipated (and unwanted) consequences after the testator has passed, potentially creating an intestate estate. There are many formalities to making a will valid. Let a competent attorney help you with this one.

    Carol Johnson Law Firm, P.A. : (727) 647-6645 : carol@caroljohnsonlaw.com : Wills, Trusts, Real Property, Probate, Special Needs: Information provided here is anecdotal and should not be relied upon or considered legal advice. Every matter is different and answers given here are general in nature and may not reflect current Florida law at the time you are reading this posting. Please contact me if you feel you need additional assistance with your matter.


  4. To answer your question directly-neither words/phrases are required for a valid will.
    You should have an attorney draft the will and have it executed properly-it will you great peace of mind.

    The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

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