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Different Types of Wills in Florida.

Are There Different Types of Wills?

An Attested Will must be in writing and signed by the will creator (aka testator) and signed by two witnesses. In Florida, the most common attested types are the following:
 

1. A Simple Will leaves everything to the spouse (or children) with the exception of a few bequests (aka gifts) to named individuals. 

 

2. A Complex Will is very detailed with many bequests, and may contain conditions, a testamentary trust, and a guardianship designation, etc. 

3. A Pour-Over Will states that property that is not already in a living trust will be placed in your trust at the time of your death. 

4. An Oral Will is not in writing but given orally to someone else. Oral Wills are not valid in Florida. Moreover, the same goes for Video Wills, which is the same as an Oral Will, but recorded on video. Since the video lacks the writing requirements (including the other necessary specifications) they are not valid in Florida, although a video can accompany a properly executed will that can be used to assist the family. 

 

5. A Military Will is created while in “actual military service”, and depending on the circumstances of the service member, Florida may allow their will to be less formal. In other words, service members may not have to meet the will requirements of Florida, in order to accept their will as being validly executed.


6. A Holographic Will is handwritten and signed by the testator, but not by any witnesses. This will is invalid in Florida.

 

7. An Out-of-State Will that is in writing and properly drafted under the jurisdiction of which it was executed will be accepted in Florida. 

However, regardless if the will is properly executed under the laws of Florida, it can be contested. And if the will is contested using valid grounds (eg., fraud, undue influence, forgery, etc.) then the party presenting the will has to prove it’s legality. 

What Should I Do if I Have Some Questions About a Last Will and Testament?

If you have any questions about a Last Will and Testament or Estate Planning, please feel free to call the Law Office of Gadiel A. Espinoza, PLLC at 813-897-0295, and speak with Attorney Gadiel A. Espinoza. 

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