6.1 Will Execution, Validity, and Revocation

In Florida, a valid will must be in writing, signed at the end by the testator (or by proxy), and signed by at least two attesting witnesses in the presence of the testator and of each other. Florida strictly prohibits holographic (handwritten but unwitnessed) and nuncupative (oral) wills, even if executed in another state where they are legal. A will can be revoked by a subsequent written instrument or by physical act with intent to revoke. Crucially, Florida does not permit partial revocation by physical act. Under Florida's anti-revival statute, revoking a second will does not automatically revive a first will; formal re-execution or a codicil is required.

Statutory Requirements for Will Execution

Under Florida Statutes Section 732.502, execution formalities are strictly construed. Florida courts will invalidate a will containing even minor defects, causing the estate to pass via intestacy.

To execute a valid Florida will, the following elements must be met:

1. In Writing: The will must be written (typed, printed, or handwritten). Oral wills are invalid.
2. Testator Signature: The testator must sign at the physical and logical end of the document, or a proxy must sign the testator's name at their direction and in their presence. Dispositive provisions placed after the signature are void and may invalidate the entire will.
3. Attestation: The testator must sign or acknowledge their prior signature in the presence of at least two attesting witnesses.
4. Witness Signatures: The attesting witnesses must sign the will in the presence of the testator and in the presence of each other.

Florida applies the strict "line of sight" test rather than the "conscious presence" test. The testator and witnesses must sign within each other's uninterrupted range of vision, meaning they must be able to see the signing if they look; physical proximity and an unobstructed view are required.

Prohibition of Holographic and Oral Wills

Florida prohibits holographic and oral (nuncupative) wills. A holographic will—handwritten but unwitnessed—is void in Florida, even if executed out-of-state. Spoken oral wills are also invalid. However, a handwritten will signed by two witnesses is valid under Section 732.502.

Self-Proving Wills

Under Florida Statutes Section 732.503, a will can be made self-proving at execution or subsequently. The testator and witnesses sign a self-proving affidavit before a notary, who attaches a statutory certificate. This provides major administrative efficiency; a self-proving will is admitted to probate without witness testimony or signatures, which are normally required.

Foreign Wills and Conflict of Laws

Under Florida Statutes Section 732.502(2), a nonresident's will is valid in Florida if executed in compliance with the laws of the state or country where executed. However, this exception never applies to holographic or nuncupative wills; an unwitnessed handwritten will remains void in Florida even if valid where executed.

Revocation of Wills

A testator with capacity may revoke a will or codicil at any time. Florida recognizes revocation by subsequent writing or by physical act.

Revocation by Subsequent Writing

A will or codicil can be revoked, in whole or in part, by a subsequent will, codicil, or writing executed with will formalities. Revocation may be express (stating that prior wills are revoked) or inconsistent (making contradictory dispositions, which revokes the prior will only to the extent of the inconsistency).

Revocation by Physical Act

A will is revoked by physical act if the testator (or a proxy in their presence and at their direction) burns, tears, cancels, defaces, obliterates, or destroys the document with the intent to revoke.

Florida does not permit partial revocation by physical act. If a testator crosses out a specific bequest or a name in an otherwise valid will, the strike-through is legally ineffective. The court will ignore the pen marks and probate the will in its original form, provided the original language can be established (e.g., through a copy). If the original text cannot be determined, the affected portion will pass to the residuary estate or via intestacy.

Revival of Revoked Wills and Codicils

Under Florida's anti-revival statute (Fla. Stat. § 732.508), if a testator executes Will 1, then executes Will 2 (which revokes Will 1), and subsequently revokes Will 2, Will 1 is not revived. The revocation of a revoking will does not bring the original will back to life. To revive Will 1, the testator must either re-execute Will 1 with all required statutory formalities, or execute a codicil that expressly republishes and refers to Will 1.

Doctrine of Dependent Relative Revocation (DRR)

The doctrine of Dependent Relative Revocation is a common law equitable remedy applied by Florida courts to prevent unintended intestacy. Under DRR, if a testator revokes a will under a mistaken belief of law or fact—typically that a subsequent dispositive instrument is valid—the court may disregard the revocation of the first will. The court presumes that the testator would have preferred the first will over having no will at all (intestacy).

For DRR to apply, the court requires:

• An invalid replacement instrument (e.g., a new will that fails for lack of proper execution formalities).
• Evidence that the revocation of the old will was conditioned on the validity of the new instrument.
• A close similarity between the provisions of the revoked will and the failed new instrument, proving a consistent testamentary plan.