For your will to be valid (that is effective and enforceable) in the state of Florida:  

• The testator (person making the will) must be at least 18 years of age or an emancipated minor.
• The testator must be of sound mind at the time the will was signed (that is he/she knew what he/she was doing, i.e. making his/her will, what property was owned, and who the relatives and potential heirs were).
• The will must be in writing.
• The will must be signed and dated in the presence of at least two witnesses.
• The two witnesses must sign in the presence of each other and the testator.

It is advisable to have an attorney competent in developing and executing estate plans prepare your will.   Even though Florida law does not require certain verbiage stating that this is your last will and testament and that it replaces all other wills, including such verbiage would be a good idea.   You can minimize attorney fees by preparing, organizing and managing the following information:

• Identify goals and objectives for your family and business
• Clarify your family situation
• Determine the financial condition of your estate
• Determine your own personal desires
• Select your personal representative and a contingent personal representative (person who administers your estate at your death). Some states call this person an executor or executrix.
• Keep your will up to date. Review on a regular basis and change as law changes or family and financial situation change.

Who should make a will?

Many consider that a will is only for the rich or elderly. In fact if you die without a will or with a will that is inconsistent with state law, state law determines how your property will be distributed. There are some things that you cannot do in a will. One being disinherit your spouse and another is transferring property held jointly with rights of survivorship. (An example: you and your spouse own a car. You want your son to get the car at your death. You cannot transfer your ownership in this car by your will. Your spouse will get the car.) If this is not how you want your property to be distributed other action is required.

Even though you may have what appear to be few assets now, that situation could change.   You may inherit money or property or receive assets from any number of situations.

Where should you keep your will?

Your will should be kept in a safe, secure place.   A fireproof file cabinet or safe in your home where you normally keep your important papers is a good location.   Do not forget to inform your personal representative where your will is.   You also may give its location to other trusted relatives. Talk with your attorney about the best place to keep your will.

If your will is destroyed, even accidentally, the inference will be that you destroyed it intentionally, unless your personal representative can prove otherwise by clear and convincing evidence.   Accordingly, your property will be distributed as if you had died without a will.

How and when should your will be changed?

From time to time you may wish to make changes in your will.   Do not write on the will.   The changes can best be make in a codicil or in a new will.   A codicil is a separate document in which you state the changes you wish to make to the original will.   The provisions in the original will continue to be valid, except as amended by the codicil.   The requirements for the execution of a codicil are the same as the requirements for a will.   Revisions may be required because of changes in your finances or your family situation.   The will should be rewritten if you marry or divorce, or if children are born or are no longer minors.   Changes may be needed if a beneficiary dies or a child or grandchild is adopted, or you inherit substantial assets.   In addition, if federal and state laws change, your will may need to be rewritten.

 

Reference:   Chapter 732 and 732 State Statues (http://www.leg.state.fl.us/Statutes/)