Sebastian, FL asked in Estate Planning and Probate for Florida

Q: In Florida, can my husband and I witness my father's will if I am a party to the will? I think Florida allows this?

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1 Lawyer Answer
Phillip William Gunthert
Phillip William Gunthert
  • Estate Planning Lawyer
  • Orlando, FL
  • Licensed in Florida

A: The law and Florida Statute is as follows;

Florida Statute 732.504 Who may witness.—

(1) Any person competent to be a witness may act as a witness to a will.

(2) A will or codicil, or any part of either, is not invalid because the will or codicil is signed by an interested witness.

That said, while it is legal I would not at all encourage it whatsoever because it can result in other questions possibly, look up undue influence and similar claims, so, while legal, it is always better to get independent third parties to do it and you want to make the Will self-proving I would always recommend.

Evelyn Suero , Seril L Grossfeld and Terrence H Thorgaard agree with this answer

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