How often do we sign our names on credit card receipts, letters, and emails without thinking much about it? I regularly sign credit card receipts as quickly as possible to avoid holding up the line in the grocery store or at restaurants. My signature rarely is the same each time I sign, especially at places where I sign on an electronic pad.
While I generally do not think much about the formality of signing such documents, when executing estate planning documents the signature formalities are the difference between having an enforceable or unenforceable estate plan. This point was recently driven home by a Court of Appeal in Florida.
In Bitetzakis v. Bitetzakis, 264 So. 3d 297 (Fla. 2d DCA 2019), the Court found the testator improperly executed his will because he did not sign his entire name. In Florida, when signing a will, the testator must strictly comply with §732.502, which provides, in part, that the testator “must sign the will at the end” and the testator’s signing “must be in the presence of at least two attesting witnesses.” In Bitetzakis, after both witnesses signed the will, and the testator had signed his first name, his wife erroneously told him to stop signing because he needed to sign in front of a notary. The next day the testator and his wife went to a notary, where the testator signed a self-proof affidavit in front of the notary, but never signed his last name on his will. The Court found that the testator’s signing of only his first name on the will was not his full customary signature as required by §732.502 and thus his will was unenforceable.
While the example above is from Florida, each state has its own will signature formalities that have subtle differences from each other. Just in FineMark’s footprint states of Arizona, Florida and South Carolina, each state has different signature requirements. To avoid having an unenforceable will, we recommend always having a competent attorney prepare your will and other estate planning documents and having your attorney oversee the execution of your documents.
Signature Formalities
By Read Sawczyn
Senior Vice President & Private Wealth Advisor, Trust
Articles In This Issue:
2019 Third Quarter Review and Commentary
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