Will Validation: How to Ensure Your Will Is Legally Enforceable

As an estate planning lawyer in Florida, I often speak with people who want their wishes respected after they pass but aren't quite sure what steps will make their will legally enforceable. A lot of folks think drafting a will is a one-and-done task—write something down, sign it, and you’re set. 

Unfortunately, that’s not always how it works. There are legal requirements to meet and practical details that can’t be ignored if you want your will to hold up in court.

Let’s walk through what really makes a will valid and enforceable under Florida law. We’ll cover the basics, talk about common pitfalls, and help you understand what it takes to get this critical document right.

What Makes a Will Valid in Florida?

In Florida, the rules around wills are clear but strict. If the basics aren't followed, there's a good chance the court won’t honor the document. Here’s what Florida law says a valid will needs:

• It must be in writing

• The person writing the will (the testator) must be at least 18 years old

• The testator has to be of sound mind at the time the will is created

• The will must be signed at the end by the testator

• Two witnesses must sign the will in the presence of the testator and each other

If any of those elements are missing, the will might not be valid. As an estate planning lawyer, I’ve seen the trouble that comes when people try to cut corners or rely on templates they found online without legal help. That’s not a risk worth taking when your loved ones and your legacy are involved.

Sound Mind and the Importance of Capacity

When we talk about being “of sound mind,” we’re really asking: Did the person creating the will understand what they were doing at the time? Did they know what assets they had, who they wanted to give them to, and the consequences of the choices they were making?

This is one area where families sometimes argue after a loved one’s death. If someone claims the person lacked mental capacity—because of age, illness, or undue influence—the will could end up in court. As an estate planning lawyer, I always recommend including a statement in the will that the testator is of sound mind and understands what they’re signing.

It’s also smart to keep medical records or even have a doctor’s note on file if there’s any concern about mental clarity. That extra step might prevent a future legal battle.

Witnesses

Florida law requires two witnesses, and they must sign the will in the testator’s presence and in each other’s presence. That’s not just a technicality—it’s there to prevent fraud and protect the person’s final wishes.

We also advise clients not to use family members or beneficiaries as witnesses. Doing so can create conflict later or give others a reason to challenge the will. As an estate planning lawyer, I often act as a witness along with a staff member or another neutral party. That way, there’s no question about the process being fair and transparent.

Self-Proving Wills

In Florida, you can make your will “self-proving.” That means the will includes a sworn affidavit from the testator and both witnesses, signed in front of a notary. It might sound like just another step, but it actually helps a lot.

A self-proving will doesn’t need the witnesses to testify during probate. The court accepts the will without extra proof. Without that affidavit, your loved ones might have to track down the witnesses—possibly years later. It can delay things and create added stress during an already hard time.

That’s why I always draft self-proving wills for my clients. It’s a small step that offers big benefits.

Handwritten Wills and Online Templates

A common question I get is, “Can I just write my will by hand?” The answer is tricky. Florida doesn’t technically reject handwritten wills—as long as they’re properly signed and witnessed—but it doesn’t accept holographic wills, which are handwritten and not witnessed.

So, yes, a handwritten will can be valid, but only if all the usual formalities are followed. That said, I rarely recommend this route. It’s far too easy to get something wrong or leave out critical language. The same goes for using an online template without legal advice. Those documents might not follow Florida law or might not cover everything your estate needs.

If you're going to take the time to write a will, it’s worth doing it right. That’s where an estate planning lawyer makes a big difference.

Undue Influence and Fraud

Even if all the legal boxes are checked, a will can still be challenged. One common reason? Allegations of undue influence—someone pressuring the testator to write the will a certain way.

In Florida, this is taken seriously. If someone who benefits from the will also had a close, confidential relationship with the testator and was actively involved in drafting the will, that alone might raise suspicions.

As an estate planning lawyer, I take precautions to prevent these problems. That might mean meeting with the client alone, documenting our conversations, and keeping a clear record that shows the client was acting freely. These safeguards help protect your will from being overturned later.

When to Update Your Will and Why

A valid will today might not be valid tomorrow—at least not in the way you want it to be. Life changes, and your will should change with it.

Here are a few times you should think about updating your will:

• You get married or divorced

• You have children or grandchildren

• Someone named in your will dies

• You move to Florida from another state

• Your financial situation changes

• You want to add or remove beneficiaries

In Florida, getting married or divorced doesn’t automatically void your entire will, but it might change how certain provisions are handled. That’s why we review our clients’ documents every few years or after major life events.

What Happens If a Will Isn’t Valid?

If a Florida court decides your will isn’t valid, the estate gets handled under the state’s intestacy laws. That means your assets get divided up based on a legal formula, not your personal wishes.

For example, if you’re married with kids from a previous relationship and die without a valid will, your spouse might not inherit everything. The state will split the estate between your spouse and children. That can lead to confusion, conflict, and outcomes that no one wanted.

Working with an estate planning lawyer helps prevent that. We don’t just draft documents—we help make sure your voice is heard even after you're gone.

Additional Documents You Might Need

A will is a great start, but it’s just one part of a good estate plan. Depending on your situation, I might suggest:

• A living will: This spells out your wishes for medical care if you can’t speak for yourself.

• A durable power of attorney: Someone you trust to handle financial matters if you become incapacitated.

• A healthcare surrogate: To make medical decisions on your behalf.

• A revocable living trust: If you want to avoid probate altogether or need to manage property for minor children or loved ones with special needs.

Each of these tools serves a different purpose. When we build an estate plan, we tailor it to fit your life, not someone else’s idea of what’s standard.

Get in Touch Today

Creating a will isn’t just about property or paperwork. It’s about protecting the people you care about and making your voice heard. It’s about giving your family guidance and clarity when they need it most. As an estate planning lawyer in Florida, I know how important this is. Michael A. Siefert, P.A. serves clients in Ocala, Florida and throughout Marion County. Reach out today.