Are “Deathbed Wills” Valid in Florida?

 In Elder Law, Estate Planning

A deathbed Will is one developed and executed when the individual creating the Will is facing imminent death. A deathbed Will may be created if someone experiences a rapid decline in health, whether it be due to an illness, accident or other factor, and does not have a current Will and/or estate plan in place. As long as the individual creating the Will is competent, a deathbed Will is considered as legally binding and valid in Florida as one that is drawn up in advance at an attorneys’ office. If a person is not competent at the time they create the deathbed Will or appears to have been unduly influenced by another individual, complications will likely arise, and the Will may be proven invalid in court.

Attorney Sean Byrne is a trust and probate litigator. Whether you are challenging or defending a Will or trust, you can contact Bach , Jacobs, & Byrne, P.A. to discuss your various legal options with regard to a Will or trust contest.


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