As an Orlando estate planning attorney, I know it is not complicated to create a will, but it is very important that all Florida residents make one. Writing a will is not one of the most pleasant tasks, since nobody likes to think about death. That could explain why so many adults in the Orlando area and throughout Central Florida avoid taking this important step. According to an AARP survey, two out of five Americans aged 45 and older do not have a will.

However, making a will is one of the most important things you can do for your loved ones in Orlando and Central Florida. The existence of a valid will can help your relatives avoid unnecessary arguments, and you will have the peace of mind knowing that your possessions will end up in the right hands, without major controversy.

Why Orlando Residents Need a Will

For families in Orlando and Central Florida, having a valid will is essential for protecting your loved ones and ensuring your wishes are honored under Florida law. Without a will, Florida’s intestacy laws will determine how your assets are distributed—which may not align with your wishes. Whether you live in Winter Park, Dr. Phillips, Lake Nona, or downtown Orlando, having a properly executed will is crucial for protecting your family’s future.

Disposition of Assets Under Florida Law

A will is a document that establishes the disposition of the assets that we possess after our death. For Orlando families with minor children, the will is also the vehicle to designate the guardian who will take care of said minors in the event of our death—a critical consideration for Central Florida parents.

Florida Law Requirements for Valid Wills

The laws in each state are different. Under Florida law, which governs wills for Orlando and Central Florida residents, specific requirements must be met:

Requirements for a valid will in Florida:

• The person who writes the will (called the testator) must be at least 18 years of age
• They must have full use of their mental faculties at the time of signing the will
• The will must be in writing and must include witnesses
• It should be signed before a notary and comply with Florida probate law
• For it to take effect, the competent probate court (in Orange County for Orlando residents) must receive evidence and approve the will

It is necessary to comply exactly with the formalities required for the execution of a will under Florida law. Working with an experienced Orlando estate planning lawyer ensures your will meets all legal requirements and will be upheld by the Orange County probate court.

How to Modify Your Will Under Florida Law

Under Florida law, the testator can modify their will at any time by drafting a new will that meets the legal requirements. The last will that is duly executed will be the one that has legal validity.

Important: Proper Modification Procedures

The will cannot be modified by writing something or crossing something out after it is executed. In fact, if something is written into the will after it is made, this could invalidate the will in whole or in part under Florida law.

Assets Not Covered by Wills in Florida

Generally, some kinds of assets, such as certain insurance policies and retirement accounts, are not covered by wills. In all likelihood, when you purchased the insurance or opened the accounts, you had to designate beneficiaries.

If you can’t remember them, check who they are and be sure to keep that information up to date, as it will dictate how those assets will be divided when you die. An Orlando estate planning attorney can review all your assets and beneficiary designations to ensure everything is properly coordinated.

Witness Requirements for Florida Wills

Anyone can act as a witness to your will, but you should choose someone who is not a beneficiary. Otherwise, there would be a potential conflict of interest.

Disinterested Witness Requirements

The technical term is “disinterested witness.” Florida law requires two or more witnesses. If an Orlando attorney writes and is also the notary of your will, that professional cannot be your witness.

Affidavit of Authenticity

The will may include an affidavit of authenticity rendered at the time of execution or later, saving the time and expense of locating a witness and obtaining their oath after death.

For your will to include the affidavit of authenticity, you must acknowledge the will before an official authorized to take oaths; witnesses must make affidavits before the clerk and the clerk must prove acknowledgment and affidavits by a certificate attached to or following the will.

Florida law establishes an appropriate form for making the certificate. The declaration of authenticity procedure is additional to the normal making of the will and the normal oath of witnesses, and therefore does not replace them.

Common Will Mistakes Orlando Residents Make

As an Orlando estate planning attorney, I’ve seen many Central Florida families make preventable mistakes with their wills:

• Not updating beneficiaries on insurance policies and retirement accounts
• Choosing witnesses who are also beneficiaries
• Attempting to modify wills by handwriting changes after execution
• Failing to properly execute the will according to Florida law requirements
• Not updating wills after major life changes (marriage, divorce, birth of children)

These mistakes can invalidate your will or cause disputes among your loved ones in the Orange County probate court.

Benefits of Working with an Orlando Estate Planning Attorney

Creating a will with professional legal guidance provides numerous advantages for Orlando and Central Florida residents:

• Compliance with Florida Law: Ensure your will meets all state-specific requirements
• Customized Estate Planning: Tailored solutions for your family’s unique needs
• Asset Protection: Strategies to protect your assets and minimize estate taxes
• Peace of Mind: Confidence that your wishes will be honored
• Avoid Probate Delays: Proper planning can streamline the probate process for your beneficiaries

Contact an Orlando Estate Planning Attorney Today

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In short, creating a will under Florida law is essential for protecting your loved ones and ensuring your wishes are honored. While the process may seem daunting, working with an experienced Orlando estate planning attorney makes it straightforward and provides peace of mind.

Don’t leave your family’s future to chance. Whether you live in Orlando, Winter Park, Maitland, Altamonte Springs, or anywhere in Orange County and Central Florida, our law office is here to help you create a comprehensive estate plan that protects your assets and your loved ones.

Contact Passalacqua Law today to schedule a consultation with an experienced Orlando estate planning attorney. We serve clients throughout Orange County, Seminole County, and Central Florida. Let us help you create a will and estate plan that gives you and your family peace of mind.

Call our Orlando office or fill out our online contact form to get started with your estate planning needs today.