August Is Make-A-Will Month: Why Every Adult Should Have a Valid Will

Estate Planning Attorney near Venice 

Each August, legal professionals across the country observe Make-A-Will Month, an annual reminder of the importance of having a valid will in place. Whether you’re 28 or 82, single or married, a parent or not, having a legally sound will is a cornerstone of responsible planning. In Florida, the absence of a valid will can create unnecessary stress, legal costs, and uncertainty for surviving family members.

In this article, I’ll explain what makes a will legally valid under Florida law, common pitfalls of do-it-yourself wills, and how a qualified attorney can help ensure your intentions are honored.

Why Having a Will Matters – At Any Age

A will allows you to:

• Direct how your assets will be distributed
• Appoint a personal representative (executor)
• Name guardians for minor children
• Minimize confusion and conflict among heirs

Without a will, your estate is subject to Florida’s intestacy laws, which may not reflect your preferences.

What Makes a Will Valid in Florida?

Under Florida Statute § 732.502, a valid will must meet the following requirements:

• In Writing: Florida does not recognize oral wills.
• Signed by the Testator: The person making the will must sign at the end.
• Signed in the Presence of Two Witnesses: Both witnesses must sign in the presence of the testator and of each other.
• Testator Must Be of Sound Mind: The person must understand the nature and extent of their estate and the effect of signing the will.

It is also highly recommended (though not required) to self-prove the will through notarization, which simplifies the probate process by avoiding the need for witness testimony.

Read the full statute

The Risks of DIY Wills and Online Forms

While online will templates might seem convenient and cost-effective, they often fail to comply with Florida-specific legal requirements. Common issues include:

• Missing or invalid witness signatures
• Improper execution
• Inadequate provisions for minor children
• Unclear language that leads to disputes
• Not addressing digital assets or changing laws

In probate court, even a small technical error can cause delays, legal challenges, or the entire will being invalidated.

Real-World Example: When DIY Falls Short

Consider a Sarasota resident who used an online will template but forgot to have it witnessed properly. Upon their passing, the document was deemed invalid. Their estate was distributed according to intestacy laws, leaving out friends and charities they intended to support, resulting in avoidable heartache and litigation.

Avoid these outcomes by working with a licensed probate attorney in Sarasota or estate planning attorney in Venice who understands Florida law.

Who Should Update or Make a Will?

You should create or revise your will if you:

• Recently got married or divorced
• Had a child or grandchild
• Moved to Florida
• Bought or sold property
• Want to name or change guardians, executors, or beneficiaries
• Have not reviewed your will in 3–5 years

How Can I Help

I provide clear, tailored guidance on drafting and updating wills in compliance with Florida law. And assist with creating living wills, trusts, and other estate planning documents to help you prepare for every stage of life.

My services are available in:

• Venice
• Sarasota

I take pride in helping Floridians protect what matters most with legally sound planning.

Make This August Count

Make-A-Will Month is the perfect time to start or update your estate plan. Don’t leave your family’s future to chance. Contact a trusted probate attorney near Sarasota at Scovills to schedule your consultation.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. For guidance specific to your circumstances, please consult a licensed Florida attorney.