General information only. This article is not legal or tax advice and does not create an attorney-client relationship. Laws and individual facts differ; obtain advice for your circumstances.
Life changes that should prompt a review
Florida law addresses the effect of some events, including divorce and a spouse acquired after a will was signed. Statutory defaults, however, may not match the result you would choose. A deliberate update is usually clearer than relying on a later court to fit old language to new circumstances.
- Marriage, divorce, separation, or a new long-term partnership
- Birth or adoption of a child or grandchild
- Death, disability, estrangement, or changed circumstances of a beneficiary or fiduciary
- A child reaching adulthood or a beneficiary developing special needs
- A meaningful change in health, caregiving responsibilities, or family dynamics
Property and financial changes matter too
A will controls only assets that pass through it. Joint ownership, beneficiary designations, transfer-on-death arrangements, and trust ownership may direct property elsewhere. Reviewing the document without reviewing title and beneficiary records can miss the most important part of the plan.
- Buying, selling, refinancing, or changing title to a Florida home
- Starting, selling, or reorganizing a business
- Receiving an inheritance or a substantial change in assets or debt
- Opening or consolidating retirement, investment, or payable-on-death accounts
- Changing life insurance or beneficiary designations
Relocation can change the legal backdrop
Moving to Florida, buying a Florida homestead, or beginning to split time between states should trigger a coordinated review. Even when an out-of-state will remains valid, Florida rules may affect self-proof, the personal representative, homestead, probate venue, and administration.
The review should also include powers of attorney, health-care documents, living wills, trust administration provisions, and any declaration of residence or domicile. These documents answer different questions and may not all travel across state lines in the same practical way.
Do not revise a signed will by hand
Crossing out language, writing in the margin, removing pages, or unstapling an original can create questions about alteration or revocation without producing a valid amendment. Florida generally requires a codicil to be executed with the same formalities as a will.
Keep the original secure, gather the complete plan, and use a review copy for notes. Counsel can advise whether the cleanest solution is no change, a properly executed amendment, a restatement, or new coordinated documents.
The practical takeaway
Review the plan whenever the people, property, location, or purpose behind it changes. A short periodic check can also catch stale addresses, outdated fiduciaries, missing assets, and beneficiary designations that no longer match the documents.
Frequently asked questions
Questions people often bring to the first conversation.
How often should I review my Florida estate plan?
There is no single statutory expiration date. A review after major changes and a periodic check every few years is a practical approach, with more frequent review when family, assets, health, or residence are changing.
Does divorce automatically fix my will?
Florida law affects certain provisions after dissolution, but relying on a default rule may leave other documents, beneficiary designations, fiduciaries, and planning goals unresolved. A complete review is safer.
Can I write changes directly on my will?
That can create uncertainty and may not form a valid amendment. A Florida codicil generally requires the same execution formalities as a will.
Primary sources and further reading
These links are provided for general reference and may be updated after this article’s review date.