What it means
Two short rules about will witnesses. First, any person competent to be a witness may witness a will — the bar is low. Second, and this surprises people: a will is not invalid because it was signed by an interested witness.
In many states, a beneficiary who serves as a witness forfeits (or 'purges') their gift. Florida has no purging statute. A beneficiary can witness the will, the will stands, and the gift stays intact. That said, using a beneficiary as a witness is still poor practice — it hands a will contestant an easy argument about undue influence, even though it doesn't void anything under this section.
- Any person competent to be a witness may act as a witness to a will.
- A will is not invalid because it was signed by an interested witness (a beneficiary).
- Florida has no 'purging' rule — the interested witness's gift is not forfeited.
- Still inadvisable: a beneficiary-witness invites an undue-influence argument (§732.5165).
How it plays out
Clients raise this after a do-it-yourself signing where a beneficiary — often the spouse or a child — signed as a witness. In Florida, that doesn't void the will or the gift, and we can usually put the worry to rest. But we don't do it on purpose. A disinterested witness costs nothing and closes a door; an interested witness leaves a contestant something to point at when they argue undue influence, even if §732.504 means the gift itself is safe.
Questions people ask
