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. How many witnesses are required? for a Codicil to a Will?

Chiefland, FL |

Hello,
I am preparing a Codicil to my Will. It is the first. My Will has two witness signatures, but I had read that a Codicil needs three witnesses. Thank you.

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Attorney answers 6

Best Answer
Posted

As stated by others, a codicil to a will is required to be executed (signed and witnessed) with the same formalities as a will. In Florida, a will must be signed by two witnesses (witnesses who sign). The testator or testatrix (the person whose will it is) and the two witnesses must sign in the presence of one another (they must all see each other sign it). The third witness you mentioned could be the notary. A will, or codicil for that matter, does not need a notary to be valid in Florida. However, a notary must also sign in the presence of the testator and two witnesses if you want it to be a self-proving will. A self-proving will saves your estate time and money after your passing because the court wont have to track the witnesses down to testify they all signed in the presence of one another - the notary's acknowledgment in the self-proving portion of the will takes care of that. I would strongly suggest that you allow an estate planning attorney help you with your will to be sure it is properly and validly executed.

The answer to your question on this forum does not constitute an attorney-client relationship. You are advised to seek counsel for a complete and thorough assessment of your legal issue.

Posted

2....same requirements as for a will.

My answer is not intended to be giving legal advice and this topic can be a complex area where the advice of a licensed attorney in your State should be obtained. Please click "helpful" or "best answer" if my answer added any value or add a "comment" if you have more info for me to help you get a better answer.

Posted

I agree, a codicil is executed with the same formalities as a will. A will requires 2 witnesses, therefore a codicil requires 2 witnesses.

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Posted

Two in California, the same as a will.

John P Corrigan

John P Corrigan

Posted

So you agree with your two colleagues prior answers, right?

Posted

Two witnesses with a notary make the will/codicil as self proving if the language is correct which means you never have to locate the witnesses later.

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.

Posted

Will codicil's are a pain because they seem to cause confusion, get separated from the main document, and cause contadictions and accidentally disinherit heirs or create scenarios that are impossible to follow. First, I prefer trust-based estate planning because Wills are only effective when you're dead, they're only effective in Probate which most people prefer to avoid, and they do absolutely nothing for issues like disability, incapacity, and out of state real estate. I only like a Will as a catch-all safety net to collect and pour over those assets that didn't make it into the trust for whatever reason. Second, I hate codicils and trust amendments. I usually find that it's much better to draft a new Will or to restate a trust in its entirety to make sure that all the oars are rowing in the same direction. For more info on the living aspects of your estate plan, watch the video on my website.

Please visit our website at www.411FlaLaw.com and watch our video. It is an eye-opener to most people who have no idea how much Planning they can actually do in their Estate Plans. If interested, contact us to inquire about special low cost monthly financing of your estate planning fee. You may be very surprised at how affordable a comprehensive estate plan for your whole family can be. The above answers are not legal advice and should not be relied upon until you meet with an attorney and review all of your particular facts and circumstances. This forum does not create an attorney-client relationship.

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