Legal Question in Wills and Trusts in Florida

Wills/ Florida

I In Florida, is a family member allowed

to witness a will?

If so under what conditons?

Thank You


Asked on 1/20/07, 7:32 pm

2 Answers from Attorneys

Frank J. Pyle Probate Attorney Throughout Florida

Re: Wills/ Florida

Yes, but it is not usually advisable, especially if the family member benefits from the disposition of property in the will. It is always better to err on the side of caution.

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Answered on 1/22/07, 9:39 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Wills/ Florida

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Any party who inherits under the will should not be a witness to its signing. If any questions or issue arise, this may cause it to be set aside.

The will should be witnessed by two disinterested parties in the presence of a notary public. It must be properly done to be self-proving.

Scott R. Jay, Esq.

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Answered on 1/21/07, 2:04 am


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