Homemade will with only a notary, no witnesses

Homemade will with only a notary, no witnesses.

Attorney Tom Olsen: Chrissy, I meant to tell you that I had an odd situation last week and that is this. I've seen in my over 35 years of law practice I've seen a lot of strange and odd homemade wills. This was the first time I've seen this. My client called me, told me that his brother has passed away. I said, "Did your brother have a will?" He goes, "Well, I'm going to go in the house, I'm going to look around. I'm going to find out." A couple of days ago, he dropped off his brother's will and here's what it was. It was an early 2000s will. It was typed. The deceased brother had signed it, only a notary to a signature. Then as the brother gets older, a couple of years ago, the brother pulls out this will that was in writing, signed by the deceased, only a notary, no witnesses, notary only. He makes a copy of that will with signatures on it, with dates on it, and he proceeded to take out a pen and he signs right over his name again. He crosses off the old 2000 dates and puts the 2020 dates and make some changes to that will, signs it again, has the whole thing notarized again. He doesn't even print a clean copy. Just writes right over his old copy. Of course, you know the answer to that. Is that a valid legal will here in the state of Florida?

Attorney Chris Merrill: No.

Attorney Tom Olsen: Why?

Attorney Chris Merrill: No witnesses.

Attorney Tom Olsen: Yes.

Attorney Chris Merrill: You have to have two witnesses.

Attorney Tom Olsen: To make a valid will here in the state of Florida requires that it be in writing, that you sign it, and you have at least two witnesses. Here's a man doing his own homemade will who thinks, "Hey, if I sign it and I get my signature notarized, I must be good, right?"

Attorney Chris Merrill: No.

Attorney Tom Olsen: No, not good enough.