![]() Here is Florida Statute 732.502 in its entirety:Įxecution of wills. Therefore, the amendment was deemed invalid by the Second DCA. In this particular case, trust amendments were executed in the presence of two witnesses but were ONLY signed by ONE of the witnesses, not both. Executed on (Date) (Signature) (c) When executed outside the United States. You may not act as the notary and a witness for a power of attorney. You may not act as the notary and a witness when the signature of the witness needs to be notarized. However, the entity that prepared the document may prefer the notary and the witness not be the same person. Therefore, West Palm Beach estate litigators know that a trust or trust amendment must be signed by the settlor in the presence of two attesting witnesses and those witnesses must themselves sign the trust or trust amendment in the presence of the testator and each other. Place the following at the end of the witness statement: I declare under penalty of perjury that the foregoing is true and correct. You may act as the notary and a witness on the same document. ![]() The Florida Probate Code requires that wills must be signed in the presence of two attesting witnesses and that those attesting witnesses must themselves sign the will in the presence of the testator and of each other. According to Florida Statute 736.0403(s)(b), the testamentary aspects of a revocable trust are invalid unless the trust document is executed by the settlor of the trust with the same formalities as are required for the execution of a will. This case discusses what is required to execute a valid trust in Florida. ![]() How is this relevant to a revocable trust? You may want to read a recent Second DCA opinion Kelly v. For the testamentary aspects of a revocable trust to be valid, what formalities are required? What is required to properly execute a Florida will? What is Florida Statute 732.502? Do Florida wills and trusts need to be in writing? Do Florida wills and trusts need to be witnessed and signed? Does a Palm Beach will or trust need to be notarized? Florida Statute 732.502 lists the requirements that must be followed in order to properly execute a will in Florida.
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