The Florida Probate Code allows you to create a valid will if you are legally competent. A resident is legally competent if he is of sound mind and is 18 or older. If you are under 18 years old, you can make a will if you were legally emancipated through marriage or court order. The will must be in writing and created without undue influence, duress or proof of mental incompetence. Furthermore, you must sign your will in front of two witnesses, and they must sign their signatures in front of you. You and your witnesses must sign your will at the end of your testamentary instructions and bequests. Generally, your witnesses must be impartial, unrelated and stand to gain nothing from your will. In other words, your witnesses should not be potential beneficiaries to your will.
You must also have directed your witnesses to sign your will so that you and your witnesses have actual knowledge – not just constructive knowledge – that the document signed is your last will and testament. If you are physically unable to sign your will but possess the mental capacity to sign your will, you can direct someone else to sign your will, as long as that person is an impartial party, at least 18 years old and mentally competent. The third party who signs your will if you are physically unable to do so must sign your will in front of you and your witnesses.