Is a will a legal document?

Yes, a will becomes a legal document after the death of the testator, as long as the will has been properly executed.

A legal document is an instrument that formally expresses, creates, or records an enforceable legal right. A will creates certain rights for the beneficiaries of that will. However, those rights are not created until after the testator dies and the will is probated. Before that point, everything in the will can be revoked and no right has yet been granted. Thus, the will is not a legal document until after the testator’s death.

Another requirement is that the will must be properly executed. In Florida, this means that the will must be (1) signed by the testator at the end of the will (2) in the presence of two witnesses, (3) who themselves sign that same will, (4) in the presence of the testator and (5) in the presence of each other. If all of this is done, then the will has been executed. This is important because a will is probated after the testator dies only if the will was properly executed during the testator’s life.

Therefore, a will that was properly-executed during the life a testator becomes a legal document after the death of that testator.

If you need help creating a will, schedule a free consultation with an estate planning attorney.