What Invalidates A Will In Florida?

A will in Florida is one of the best ways to outline how you want your property distributed after you pass away, name a guardian for your children, and appoint someone as your personal representative. However, Florida law places strict requirements on these legal documents and if there are many factors that can invalidate a will. Whether you are preparing to write your own will or have questions about one drafted by a loved one, it is important to know what these are. Our Daytona Beach will drafting lawyer explains more below.

Factors that Invalidate a Will in Florida 

There are many grounds that can invalidate a will in The Sunshine State. The most common of these include:

• Improper execution: Wills must follow certain requirements under the law. These documents must be in writing and signed by the testator, the person making the will, and two witnesses in the presence of each other. Testators must also be at least 18 years old or legally emancipated.
• Lack of capacity: Testators must be of sound mind when they draft and sign their will. This means they must understand the nature of the will, the impact it will have, and the type of property they own. If there are questions surrounding a person’s mental capacity, it can invalidate a will.
• Fraud: If the testator was misled into drafting or signing a will by fraudulent means, or someone forged the testator’s signature, this can also invalidate a will.
• Duress: If someone drafted or signed a will while under duress or manipulation, this will also deem a will void.
• Revocation: If the testator creates a new will, this can invalidate any previous version. Additionally, testators can revoke current versions of their will by destroying it.

What Happens if a Will is Invalidated in Florida? 

There are two possibilities of what will happen if a will is invalidated. If the decedent had drafted a previous version of their will, the probate court may determine that to be the definitive will and follow the instructions accordingly.

If a person passed away without another version of their will and the current will was invalidated, the court will likely administer their estate under the intestacy laws in Florida. This means the property of the estate is divided according to the order of priority outlined in the law. This is typically the spouse first, then the children, and then the parents. The manner in which the law will divide the property may not align with the wishes of the decedent, so it is important to draft a will that will be proved, or validated.

Our Wills Drafting Lawyer in Daytona Beach Can Properly Execute Your Will 

At Bundza & Rodriguez, our Daytona Beach wills drafting lawyer can ensure your document is executed properly to ensure it is not contested or invalidated and your final wishes are respected. Call us today at 386-252-5170 or contact us online to schedule a consultation with our experienced attorney and to get the legal help you need.

Source:

flsenate.gov/laws/statutes/2000/732.2025