Under F.S. 732.502, a Florida will isn’t valid unless it’s in writing and signed at the end in the presence of at least two attesting witnesses, who sign the will in the presence of the testator and in the presence of each other. Like most US states (and Commonwealth jurisdictions), Florida’s rules for executing wills trace their roots back almost two centuries to the UK Wills Act of 1837.
Florida’s “Strict Compliance” Standard:
The execution rules are simple, but you need to get them exactly right. Why? Because Florida requires “strict compliance”. In other words, unless every last statutory formality is complied with exactly, the will’s invalid.
And while a growing chorus of critics may argue this level of formalism’s outlived its usefulness (think “harmless error” rule), strict compliance is the historical norm. Why has this approach persisted for so long (and in so many jurisdictions)? Because these formalities — applied generally — do a good job of ensuring that most wills accurately and reliably reflect a testator’s intent (even if on occasion these same rules invalidate clearly genuine yet formally defective wills), as explained in Decoupling the Law of Will-Execution: