In Florida, the key is whether or not it was properly executed. If the Will was signed at the end and witnessed by two people, then it likely going to be valid. Here is the relevant Florida Statute, Section 732.502 (Pay particular attention to the last sentence).
732.502 Execution of wills.—Every will must be in writing and executed as follows:
(1)(a) Testator’s signature.—
1. The testator must sign the will at the end; or
2. The testator’s name must be subscribed at the end of the will by some other person in the testator’s presence and by the testator’s direction.
(b) Witnesses.—The testator’s:
1. Signing, or
a. That he or she has previously signed the will, or
b. That another person has subscribed the testator’s name to it,
must be in the presence of at least two attesting witnesses.
(c) Witnesses’ signatures.—The attesting witnesses must sign the will in the presence of the testator and in the presence of each other.
(2) ... A will in the testator’s handwriting that has been executed in accordance with subsection (1) shall not be considered a holographic will.
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Yes-Attorney Martinez has given you a detailed answer.
The key is that the Maker, Witnesses, and Notary all sign in the presence of one another
to quailfy as self proving will.
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.
Yes, they are as long as they comply with the statute. Why take a chance when getting to an attorney to do the will properly will save aggravation in the long run? It does not cost much to have an attorney do the wills, in comparison to the aggravation that can be the result of doing it yourself. Many people try to do things in their will which are simply not accomplishable.
R. Jason de Groot, Esq., 386-337-8239
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