Common Issues With DIY Wills
If you look online, you can probably find a template for just about any document. Wills are no exception. While it may be tempting to get a DIY will done online for under a few hundred dollars, it is risky.
Each state has different guidelines when it comes to valid wills. In Florida, a will needs to include various legal formalities. It needs to be properly worded and signed by the creator of the will, as well as two witnesses. A valid will also needs to be in written form.
DIY wills are especially risky in Florida because the state has some of the strictest execution rules in the country. While online templates or handwritten documents may look simple, small mistakes often lead to delays, legal challenges, or the will being thrown out entirely. Here are the most common problems Florida courts see with DIY wills.
Not Following Florida’s Strict Signing and Witness Requirements
Florida law requires:
- The testator to sign at the end of the will.
- Two witnesses, present at the same time.
- Each witness must sign in the presence of the testator and each other.
Missing any of these steps can make the will invalid.Florida does not recognize handwritten (holographic) wills unless they meet these same formalities, which most DIY wills do not.
Ambiguous or Poorly Worded Instructions
Florida probate judges often see DIY wills using vague or contradictory language, such as:
- “Everything to my family.”
- “Split fairly between my kids.”
- Unclear descriptions of property.
Ambiguity increases the risk of a will contest, especially when blended families are involved, which is a common scenario in Florida.
Failing to Address Homestead Rules
One of the biggest Florida-specific mistakes is not understanding the state’s homestead laws. DIY wills often:
- Try to give the homestead to someone who legally cannot receive it.
- Ignore the spouse or minor child restrictions.
- Overlook the fact that homestead may pass outside probate.
Homestead mistakes can void parts of a will or dramatically change who inherits real estate.
Forgetting About Heirs
Florida law protects:
- Children born or adopted after the will was written.
- Spouses who marry the testator after the will was executed.
DIY wills often fail to plan for these situations, triggering statutory rights that override the document.
Improper Witnessing at Home or Online
Common Florida mistakes include:
- Witnesses not in the same room.
- Using family members who have a financial interest in the will.
- Relying on notarization alone, which does not make a will valid.
Even small errors can lead to a full hearing on validity.
Conflicts With Beneficiary Designations
Many people try to use DIY wills to change who receives life insurance, IRAs, 401(k)s, pay-on-death accounts, and transfer-on-death accounts. But in Florida, these pass outside the will, and contradictions often cause family disputes or litigation.
Seek Legal Help
A DIY will often has trouble holding up in court. While a DIY can save you money, is it worth the risk?
Fort Lauderdale probate litigation lawyer Edward J. Jennings, P.A can assist you with wills, trusts, probate and estate administration disputes. Schedule a consultation with our office today by calling 954-764-4330 or filling out the online form.
Source:
freewill.com/learn/florida-last-will-and-testament
