A will gives families security, but only if it reflects current circumstances. Many Floridians don’t realize that an outdated or revoked will can create complications for heirs and executors. Understanding how wills work in Florida and reviewing them regularly can save your family stress, legal headaches, and unintended outcomes.
How Wills Work in Florida
A will is a legal document that outlines a deceased person’s wishes. It is typically a part of a larger estate plan that includes other legal documents to address the deceased’s estate. To be valid and enforceable in probate court, a will must meet Florida’s requirements:
- Must be in writing.
- Must be made by a competent person.
- Must be signed by the testator.
- Must be signed by and in the presence of at least two witnesses.
Do Wills Expire?
A Florida will does not automatically expire. However, if you create a new will, you can make the previous one invalid. In addition, life circumstances change. This can make a will no longer relevant. While it is still valid, it may no longer accurately address all of the deceased’s assets or wishes. A major life event, such as a marriage, divorce, or childbirth, can make the will no longer valid. Changes in state law could make a previously made will no longer valid. So, while a will does not automatically expire in Florida, it’s still crucial to periodically review it.
Updating a Will in Florida
Several types of life events can require someone to update their will. Common situations include buying real estate, getting married, divorced, having a child, adopting, or some other familial change. Sometimes, a significant financial change can require a will adjustment. Perhaps you sell a business or declare bankruptcy. These situations can directly impact who can inherit and what can be inherited. Leaving an outdated will in place creates confusion. This can open the door for someone to challenge the will in probate court. A will challenge can lead to disputes among heirs, delaying the distribution of the estate. Depending on the situation, the court may be required to decide on your behalf. What the court chooses to may not be in alignment with your wishes.
The process for updating a will in Florida is fairly straightforward. The first step is to locate any previously prepared wills or estate planning documents. These are the documents that are currently in place that need updating. Take all estate planning documents to an attorney. Together, you will discuss the current documents and life changes. From there, you can decide how you want to change your will. The lawyer will prepare the new documents and have you execute them in accordance with the law. While the latest will is the one that controls in Florida, a lawyer will likely include a specific term stating that all previous wills are invalid.
Common Misconceptions About Wills
Unfortunately, common misconceptions about wills lead people to make the wrong decisions. One of the most common misconceptions is that you only need to prepare a will once. This is not the case. Creating a will is not a set it and forget it task. You must periodically review it to ensure it is accurate to your wishes and addresses everything. You must also review your will every time a major life change happens.
The next two most common misconceptions go hand in hand. First, you don’t need a lawyer to update your will. The second is that minor changes do not require a formal update. Both of these are incorrect. Even a minor change requires a formal update. If you simply make notes, they aren’t formalized, and the court may not acknowledge and follow them. This is a perfect example of why you need an attorney when you update your will. An estate planning attorney can guide you through the requirements for preparing and updating a will. That way, your will meets the legal requirements to be enforced by the court during probate.
Plan Your Family’s Wills in Florida
Florida wills don’t expire on their own, yet life changes and legal updates can make them ineffective if left unreviewed. Regular reviews and updates, guided by an estate planning attorney, ensure the court carries out your intentions and your family avoids unnecessary complications.
Consult a Florida attorney to review your will today.
