When Does a Will Need to Be Updated Under Florida Law?

A Florida Will Should Be Updated When It No Longer Matches Your Life or Estate Plan

Florida law does not require you to update a will on a fixed schedule. A properly executed will generally remains effective until it is changed or revoked, but it should be reviewed whenever a change in family, assets, residence, or Florida law could produce a result you no longer intend.

The important distinction is between validity and suitability. An older will may remain legally valid while no longer naming the right beneficiaries, appointing appropriate fiduciaries, addressing Florida homestead, or coordinating with trusts, account designations, and the way property is titled.

Update Your Will After Marriage or Remarriage

Marriage does not automatically revoke a Florida will. If you marry after signing your will, however, Florida Statutes section 732.301 may entitle the new spouse to the share the spouse would have received if you had died without a will. Exceptions may apply when the spouse is provided for in the will, waived rights in a valid marital agreement, or the will states an intention not to provide for that spouse.

Relying on the pretermitted-spouse statute is rarely a substitute for deliberate planning. A marriage or remarriage should prompt a review of the will, any revocable trust, homestead ownership, beneficiary designations, and any prenuptial or postnuptial agreement. This is particularly important in blended families, where a plan for a surviving spouse may affect what ultimately passes to children from a prior relationship.

Review the Will After the Birth or Adoption of a Child

The birth or adoption of a child does not revoke an existing will. Under section 732.302, a child born or adopted after the will was signed may receive an intestate share if the will does not provide for the child, subject to statutory exceptions.

The statute may prevent a complete omission, but it does not necessarily create the plan a parent would have chosen. An updated will can address the amount and timing of a child's inheritance, nominate a guardian for a minor child, and create appropriate trust provisions rather than leaving property to pass outright under default law.

Divorce Changes Certain Provisions, but the Estate Plan Still Needs Attention

Once a marriage has been judicially dissolved or declared invalid by court order, section 732.507 generally voids provisions in a Florida will that affect the former spouse. The will is ordinarily interpreted as though the former spouse died when the marriage ended, unless the will or dissolution judgment provides otherwise or the relevant provision was executed after the dissolution.

Separation or the filing of a divorce case is not the same as a final dissolution for this rule. Even after a divorce becomes final, relying on automatic statutory treatment can leave gaps involving alternate beneficiaries, the choice of personal representative, trusts, jointly owned property, and other documents.

Florida law also addresses certain death-benefit and transfer-on-death designations benefiting a former spouse, but section 732.703 contains important exceptions. Beneficiary forms should therefore be changed directly rather than assuming a divorce decree or Florida's revocation statutes will control every account, policy, or retirement benefit.

A Death or Change in Relationships May Alter Who Receives or Manages the Estate

Review the will if a beneficiary, personal representative, trustee, or nominated guardian dies, becomes incapacitated, or is no longer an appropriate choice. The same is true after an estrangement, reconciliation, or substantial change in a beneficiary's health, finances, or ability to manage property.

Florida's antilapse statute may substitute a deceased beneficiary's descendants in some circumstances, but the result depends on the beneficiary's relationship to the person who made the will and the will's wording. An update allows you to state the intended result instead of depending on default construction rules.

Major Asset and Ownership Changes Require More Than Reading the Will

A will should be reviewed after the purchase or sale of significant property, receipt of an inheritance, creation or sale of a business, or a substantial change in the value or composition of the estate. A gift stated in terms of a particular asset may no longer work as intended if that asset has been sold, retitled, or replaced.

The review should include how each asset is owned. Property held with a right of survivorship, life insurance payable to an individual, and many accounts with beneficiary or transfer-on-death designations generally pass under title or contract rather than under the will. A revocable trust controls only property transferred to it or otherwise directed to it.

An effective update therefore coordinates the will with the trust, deeds, business agreements, account titles, and beneficiary forms. Revising only the will may not change who receives the assets that make up most of the estate.

Florida Homestead and a Move to Florida Deserve a Specific Review

Florida homestead is subject to constitutional and statutory restrictions that can override language in a will or trust. Article X, section 4(c) of the Florida Constitution and section 732.4015 generally restrict the devise of homestead when the owner is survived by a spouse or minor child. A trust does not automatically avoid those restrictions; sections 732.4015 and 736.1109 expressly address homestead dispositions through certain trusts.

Because the result depends on marital status, the presence of minor children, title, occupancy, and the terms of the documents, a Florida residence should not be treated like ordinary investment property. Purchasing a Florida home, marrying after acquiring it, having a minor child, changing title, or placing the residence in a trust should trigger a coordinated review.

A person who moves to Florida should also have an out-of-state will reviewed. Florida may recognize many wills validly executed elsewhere, but the document may not account for Florida homestead or spousal rights. The named personal representative should also be checked because section 733.304 limits which nonresidents may serve.

How a Florida Will Should Be Updated

A will can be replaced with a new will or modified by a codicil. Under section 732.502, a codicil must be executed with the same formalities as a will. Section 732.505 also permits revocation through a later will, codicil, or other qualifying writing executed with the required formalities.

Do not attempt to update an executed will by crossing out language, writing instructions in the margins, removing pages, or attaching an informal note. Those actions may fail to make the intended change and can create questions about revocation or authenticity. Although section 732.506 recognizes revocation by certain physical acts performed with the required intent, destroying an old document without properly completing its replacement can leave the estate without an effective plan.

For substantial changes, a new will is often clearer than a series of codicils. The prior will, related trust documents, deeds, beneficiary designations, and marital agreements should be reviewed together before the replacement document is signed.

How Often Should a Florida Will Be Reviewed?

Florida law imposes no universal review deadline. As a practical matter, review the plan after any significant life or financial event and periodically even if nothing obvious has changed. A brief review may confirm that no amendment is needed.

A periodic review is useful because beneficiaries and fiduciaries may have moved or died, assets may have been retitled, and laws affecting estates, trusts, taxes, or retirement benefits may have changed. The relevant question is not simply how old the will is, but whether the entire plan still produces the intended result.

Frequently Asked Questions

Does a Florida will expire? No. A will does not become invalid merely because it is old. It generally remains effective until properly revoked or replaced, although changes in circumstances may make its terms inadequate or produce unintended results.

Does marriage cancel an existing Florida will? No. Marriage does not revoke the will, but a spouse acquired after the will was signed may have statutory inheritance rights unless an exception applies. The will and any marital agreement should be reviewed promptly.

Does divorce automatically remove an ex-spouse from a Florida will? Generally, provisions affecting a former spouse become void after a judicial dissolution or court order declaring the marriage invalid. The rule has exceptions, and it does not mean that every part of the estate plan, account ownership, or beneficiary designation has been corrected.

Can I change one provision without signing an entirely new will? A properly drafted and executed codicil may change part of a will. Because a codicil must satisfy will-signing formalities and must be interpreted with the original document, a new will may be preferable when the change is substantial or several provisions need revision.

Will updating my will also update my trust and beneficiary designations? No. A will amendment generally does not rewrite a revocable trust, change an account contract, or replace a beneficiary designation. Each document and ownership arrangement must be reviewed and updated through the method applicable to it.

Reviewing Your Florida Estate Plan with Miguelez Law

Miguelez Law assists clients in reviewing Florida wills and coordinating them with trusts, beneficiary designations, property ownership, and family circumstances. Based in Coral Gables and serving Miami-Dade and South Florida, the firm can evaluate whether your existing documents still carry out your intended plan and identify any updates that should be considered.