Wills Law Florida

  1. Any person who is of sound mind and who is either 18 or more years of age or an emancipated minor may make a will.
  2. Every will must be in writing and must contain the following:
    1. Signature of the person who makes the will (Testator's signature)
      • The testator must sign the will at the end; or
      • The testator's name must be subscribed at the end of the will by some other person in the testator's presence and by the testator's direction.
    2. Witnesses of the testator:
      • Signing, or
      • Acknowledgment:
      • That he or she has previously signed the will, or
      • That another person has subscribed the testator's name to it, must be in the presence of at least two attesting witnesses.
    3. Witnesses' signatures
      The attesting witnesses must sign the will in the presence of the testator and in the presence of each other
      • Any 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 will was executed.
      • No particular form of words is necessary to the validity of a will if it is executed with the formalities required by law.
      • Any amendment to the will by supplementing new things can be done through an addendum known as a codicil.


  1. A will or codicil executed in conformity with the law of state 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.
  2. The affidavit has to be made before an officer authorized to administer oaths and evidenced by the officer's certificate attached to or following the will.
A will or codicil, or any part of either, is revoked:
  1. By a subsequent inconsistent will or codicil. The revocation extends only so far as the inconsistency.
  2. By a subsequent will, codicil, or other writing executed with the same formalities required for the execution of wills declaring the revocation.


  1. Neither subsequent marriage, birth, nor adoption of lineal descendants shall revoke the prior will of any person.
  2. Any provision of a will executed by a married person that 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, the 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.
  1. A will is void if the execution is procured by fraud, duress, mistake, or undue influence. Any part of the will is void if so procured, but the remainder of the will not so procured shall be valid if it is not invalid for other reasons.