Why do I need a will?

If you have small children a Will can help you select guardians for your children, and even establish a trust for their education and daily care. A Will can also establish business succession for your small business, take care of your pets and protect your legal firearms.  

Who can make a Will?

The Will is the foundation of most legal estate planning in Florida. A Will generally provides a simple a set of instructions for distributing your property.

In order for a will to be valid in Florida, several criteria must be met:

  • You must be 18 years or older (or an emancipated minor)
  • The will must be in writing (typed). Oral or Holographic (handwritten) Wills are not valid in Florida.
  • The Will must be written when you are of sound mind and have the capacity to understand the act in which you are participating in. 
  • The Will must be signed by you or by another person under your direction and in your presence.
  • Your signature must be witnessed by two competent individuals who must then sign the Will in each others presence. 

If any of the above criteria are not met, then the Will is not valid in the state of Florida. 

Can I change or cancel my will after it is signed?

Yes, a Will may be amended or revoked at any time. An amendment to a Will, called a codicil, must be signed, dated, and witnessed in the same manner as the original Will. 

You can revoke your will by either creating a new will or by tearing, burning, or defacing the document with the intention of revocation. It is important therefore that if you do not intend to revoke your will, to make sure that your will is stored in a safe place because any marks, stray writing, or lining through of the document may lead to possible legal challenges to your will. 

Can I just do a will without the other estate planning documents?

Yes! During any consultation with our attorney you will have the opportunity to decide which estate planning documents best fit your current situation. The choice will always be yours! 

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