Can Deathbed Will Changes Be Made in Florida?
A last will and testament is a core estate planning document. Many people revise their will over the course of their lifetime. You may be wondering: Are deathbed changes to a will binding in Florida? The short answer is “it depends.” These revisions can be valid, but they must be done in writing by a person who is still of sound mind. Within this article, our St. Petersburg estate planning attorney explains the law for deathbed will revisions in Florida.
What is a “Deathbed Will” in Florida?
Broadly explained, a deathbed will is one that is written (or revised) shortly before a person’s passing. Most often, it is done when they and their family know that the death is likely to happen shortly. They are not prohibited in Florida, but there are strict requirements for these wills.
Know the Requirements for a Deathbed Will in Florida
Technically speaking, Florida has no special requirements for “deathbed wills.” It is not a separate category from a legal perspective. Instead, all of the standard requirements for a will that are set forth in Florida Statutes § 732.502 still apply. In effect, that means that a will that is drafted or revised shortly before a person’s death must meet the following criteria:
- The will must be in writing;
- The will must be signed by the testator;
- The testator must still be of sound mind; and
- The will must be witnessed by two people, who are both present at signing.
To be clear, you cannot create an oral will in Florida. There is no exception for deathbed oral wills. The document must be in writing in order to be legally valid. If the will is not in writing, it is not enforceable in Florida. That is true regardless of whether or not it is a deathbed will.
You Can Make Deathbed Will Revisions in Florida (But Statutory Requirements Still Apply)
A key thing to know is that last-minute changes to a will can be validly made in Florida. That includes on a person’s deathbed. As long as all legal requirements are met, a will can be changed at any point in time. Indeed, it could even be changed the day before or the day of a person’s passing. Still, the testator must have mental capacity and act free from undue influence.
Further, Florida law requires that any new will or codicil be in writing, signed by the testator (or by someone acting under their direction), and witnessed by two people who are present at the signing. Timing does not affect validity as long as these legal standards are followed. Without meeting these requirements, the changes cannot take effect.
Speak to Our St. Petersburg Estate Planning Lawyer Today
At Fisher & Wilsey, P.A., our St. Petersburg estate planning attorney is standing by, ready to protect your rights and your interests. If you have any questions about revising a will late in life in Florida, we can help. Contact us today for a fully confidential, no obligation case review. We provide estate planning services in St. Petersburg, Pinellas County, and throughout the region in Florida.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/Sections/0732.502.html
