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

Asked over 1 year ago - 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. Dana Laganella Gerling

    Pro

    Contributor Level 11

    8

    Lawyers agree

    Answered . 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. Barry A. Stein

    Pro

    Contributor Level 18

    8

    Lawyers agree

    Answered . 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... more
  3. Carol Anne Johnson

    Contributor Level 18

    6

    Lawyers agree

    Answered . 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,... more
  4. Joseph Franklin Pippen Jr.

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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... more

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