A person who is at least 18 years of age can complete a Will and is referred to in the Will as the testator. An emancipated minor can also complete a Will. A Will does not have to be worded in any particular way to be legal, as long as it is signed as required by Florida law.
A Will is used to list houses, land, businesses and the names of the persons the testator is giving the property to. The term "devise" in a Will also means to dispose of. The words "gift", "bequest", "give", or "bequeath" may also be used. The person receiving a gift in a Will is called the beneficiary.
A Florida Last Will and Testament Form may also refer to a separate list of the testator's personal property such as cars, jewelry, boats, etc. and it would also include the names of the persons the testator is giving the property to. This separate list must also be signed by the testator. The personal property described in the list would not be listed in the Will and includes only tangible personal property. This list can be made by the testator before or after signing their Will. This separate list can also be changed by the testator without effecting the Will. If more than one list exists at the time of the testator's death giving the same property to two different people, then the most recent list would be used to decide who receives the property.
Although it is rumored that a Florida Last Will and Testament form can contain a statement that would in someway penalize a beneficiary or other interested person for contesting the Last Will and Testament form, it is actually not true.
A Will can be revoked by declaring it in writing, by destroying it or by completing a new Will that contains a statement that revokes the previous Will completed by the testator.
The testator's gifts to a spouse in a Will become void if they're later divorced or the marriage is annulled before the testator dies.
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