Last Will and Testament for Married person with Minor Children
This law summary is not intended to be all-inclusive
of the law of wills in Florida. However, it does contain a summary of many
of the material Florida law requirements.
Who may make a will: Any person 18 or more years of age who is of sound mind may make a will. 732.501
Execution of wills: Every will must be
in writing and executed by the testator at the end of the will and witnessed
by two or more witnesses. The attesting witnesses must sign the will
in the presence of the testator and in the presence of each other. 732.502
Execution in another state: Any will, other than a holographic
or nuncupative will, executed by a nonresident of Florida, is valid as
a will in this state if valid under the laws of the state or country where
the testator was at the time of execution. 732.502
Validity: No particular form of words is
necessary to the validity of a will if it is executed with the formalities
required by law. 732.502
Codicils: A codicil shall be executed with
the same formalities as a will. 732.502
Self-proof of will: A will or
codicil executed in conformity with the requirements above may be made
self-proved at the time of its execution or at any subsequent date by the
acknowledgment of it by the testator and the affidavits of the witnesses,
each made before an officer authorized to administer oaths and evidenced
by the officer's certificate attached to or following the will in the required
form. The will available for downloading is a Self-Proving Will. 732.503
Who may witness: Any person competent
to be a witness may act as a witness to a will. A will or codicil,
or any part of either, is not invalid because the will or codicil is signed
by an interested witness. 732.504
Revocation by writing: A will or codicil,
or any part of either, is revoked by a subsequent inconsistent will or
codicil, even though the subsequent inconsistent will or codicil does not
expressly revoke all previous wills or codicils, but the revocation extends
only so far as the inconsistency exists, or by a subsequent written will,
codicil, or other writing declaring the revocation, if the same formalities
required for the execution of wills are observed in the execution of the
will, codicil, or other writing. 732.505
Revocation by act: A will or codicil is
revoked by the testator, or some other person in the testator's presence
and at the testator's direction, by burning, tearing, canceling, defacing,
obliterating, or destroying it with the intent, and for the purpose, of
revocation. 732.506
Effect of subsequent marriage, birth, or dissolution of marriage:
Neither subsequent marriage nor subsequent marriage and birth or adoption
of lineal descendants shall revoke the prior will of any person, but the
pretermitted child or spouse shall inherit as otherwise provided by law,
regardless of the prior will. Any provisions of a will executed by
a married person, which provision affects the spouse of that person, shall
become void upon the divorce of that person or upon the dissolution or
annulment of the marriage. After the dissolution, divorce, or annulment,
any such will shall be administered and construed as if the former spouse
had died at the time of the dissolution, divorce, or annulment of the marriage,
unless the will or the dissolution or divorce judgment expressly provides
otherwise. 732.507
Revocation of codicil: The revocation of
a will revokes all codicils to that will. 732.507
Devises to trustee: A valid
devise may be made to the trustee of a trust that is evidenced by a written
instrument in existence at the time of making the will, or by a written
instrument subscribed concurrently with making of the will, if the written
instrument is identified in the will. 732.513
Separate writing identifying devises of tangible property:
A will may refer to a written statement or list to dispose of items
of tangible personal property not otherwise specifically disposed of by
the will, other than money and property used in trade or business. To be
admissible under this section as evidence of the intended disposition,
the writing must be signed by the testator and must describe the items
and the devisees with reasonable certainty. The writing may be referred
to as one in existence at the time of the testator's death. It may be prepared
before or after the execution of the will. It may be altered by the testator
after its preparation. It may be a writing that has no significance apart
from its effect upon the dispositions made by the will. 732.515
Penalty clause for contest: A provision
in a will purporting to penalize any interested person for contesting the
will or instituting other proceedings relating to the estate is unenforceable.
732.517
