Testator Did Not Sign Her Will--Allen v. Dalk, 826 So. 2d 245 (Fla. 2002)
A testator's unsigned Will was not entitled to probate because of a lack of compliance with the execution requirements of Fla. Stat. § 732.502(1).
The requirement of formal execution also applies to codicils executed subsequent to the original Will as stated in Fla. Stat. §732.502(5).
Strict Compliance with Execution Req's--Price v. Abate, 9 So. 3d 37 (Fla. 5th DCA 2009)
The general rule is that in order to make a valid Will, the testator must strictly comply with the provisions for formal execution.
Testator May Sign His/Her Name With An "X"--In Re Estate of Williams, 182 So. 2d 10 (Fla. 1965)
The Will is valid even if the testator merely makes an X instead of signing his/her Will.
The general rule is that the end of a Will, as contemplated by a statute that requires a testator to sign at the end, is the logical end of the language used by the testator to state his or her testamentary intention.
Testator's Signature Not Needed On Each Page--In Re Schiele's Estate, 51 So. 2d 287 (Fla. 1951)
Florida Supreme Court held that a Will signed at the end by the testator was valid, although it was signed on a line reserved for the signature of an attesting witness.
Sequence of Signatures on Wills Does Not Matter--Bain v. Hill, 639 So. 2d 178 (Fla. 4th DCA 1994)
The order in which the signing occurs makes no difference so long as the witnesses saw the testator sign the Will and they signed it in his/her presence and in the presence of the other attesting witness or witnesses.
Witnesses Do Not Need to Read Will Content--In Re Estate of Beakes, 306 So. 2d 99 (Fla. 1975)
The witness is not required to explore the voluntary nature of the testator’s act or the testator’s testamentary capacity, or even that the document that the witness was attesting was a Will.
Witnesses do not have to sign the Will at any particular place or with any particular mental intent.
Testamentary Capacity also plays into a beneficiary's ability to actively procure a Will.
A Testator MUST have the mental capacity to understand what he is doing with his property when he executes a Will or codicil. This entails a comprehension of his/her property, the persons who are beneficiaries and how the instrument affects the property and the beneficiaries. In re Coles Estate, 205 So. 2d 554 (Fla. 2d DCA 1968).
In a case of lack of testamentary capacity, the mental condition of the testator at the time the will was executed is THE ISSUE.
What do Courts consider in determining Testamentary Capacity:
Langford v. McCormick, 552 So. 2d 964 (Fla. Dist. Ct. App. 1st Dist. 1989)
The testatrix took an active role in the creation of a Will. The court did not find undue influence because the court held that the decedent procured a new will on her own accord and had the mental capacity require to execute a valid will.
The standard for testamentary capacity is whether the testator has sufficient intelligence to understand his ordinary business and to know and understand what disposition he is making of his property at the time he makes a will
Testamentary capacity is judged at the time of execution of the will. A person who lacks testamentary capacity may have a lucid interval during which a valid will can be executed.
The principle means that the testator returned temporarily to a state of comprehension and regained testamentary capacity
Testamentary Capacity is not affected by the reasonableness or unreasonableness of the Will.
If Lack of Capacity-Entire Will is Invalid--Williams v. Kane, 88 So. 2d 599 (Fla. 1956)
If Lack of Capacity found, the ENTIRE Will or codicil is Invalid