Holographic Codicil
A holographic codicil is a handwritten amendment to a will. Florida does not recognize holographic codicils executed in-state without two witnesses (§732.502). However, those validly executed in other states may be honored under Florida's choice-of-law provision.
Florida Requirements
- All codicils require testator's signature
- Two attesting witnesses required (§732.502)
- Witnesses sign in testator's and each other's presence
- Holographic (unwitnessed) codicils are invalid in FL
Out-of-State Exception
- §732.502(2): validated if compliant with execution-state law
- States recognizing holographic: TX, CA, VA, and others
- May be given effect in FL probate proceedings
Why Avoid
Invalid without witnesses in FL, creates ambiguity, susceptible to challenges, and modern practice favors new wills over codicils.
Related Terms
- Estate Planning — Will amendments
- Equity — Testamentary intent
Barnes Walker Estate Planning
Barnes Walker's attorneys prepare properly executed wills and codicils under Florida law. Request a legal inquiry for assistance.
Florida Law Reference
Fla. Stat. Ch. 732
Governs the execution requirements for valid wills in Florida, intestate succession, the elective share, and the rights of pretermitted spouses and children.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC