732.501 Who may make a will.—Any person who is of sound mind and who is either 18 or more years of age or an emancipated minor may make a will. History.—s. 1, ch. 74-106; s. 113, ch. 75-220; s. 41, ch. 2001-226. Note.—Created from former s. 731.04.
732.502 Execution of wills.—Every will must be in writing and executed as follows: (1)(a) Testator’s signature.— 1. The testator must sign the will at the end; or 2. The testator’s name must be subscribed at the end of the will by some other person in the testator’s presence and by the testator’s direction. (b) Witnesses.—The testator’s: 1. Signing, or 2. Acknowledgment: a. That […]
732.503 Self-proof of will.— (1) A will or codicil executed in conformity with s. 732.502 may be made self-proved at the time of its execution or at any subsequent date by the acknowledgment of it by the testator and the affidavits of the witnesses, made before an officer authorized to administer oaths and evidenced by the officer’s […]
732.504 Who may witness.— (1) Any person competent to be a witness may act as a witness to a will. (2) A will or codicil, or any part of either, is not invalid because the will or codicil is signed by an interested witness. History.—s. 1, ch. 74-106; s. 22, ch. 75-220; s. 1, ch. 77-174; s. 268, […]
732.505 Revocation by writing.—A will or codicil, or any part of either, is revoked: (1) By a subsequent inconsistent will or codicil, even though the subsequent inconsistent will or codicil does not expressly revoke all previous wills or codicils, but the revocation extends only so far as the inconsistency. (2) By a subsequent will, codicil, or other writing […]
732.506 Revocation by act.—A will or codicil, other than an electronic will, is revoked by the testator, or some other person in the testator’s presence and at the testator’s direction, by burning, tearing, canceling, defacing, obliterating, or destroying it with the intent, and for the purpose, of revocation. An electronic will or codicil is revoked by […]
732.507 Effect of subsequent marriage, birth, adoption, or dissolution of marriage.— (1) Neither subsequent marriage, birth, nor adoption of descendants shall revoke the prior will of any person, but the pretermitted child or spouse shall inherit as set forth in ss. 732.301 and 732.302, regardless of the prior will. (2) Any provision of a will that affects the […]
732.508 Revival by revocation.— (1) The revocation by the testator of a will that revokes a former will shall not revive the former will, even though the former will is in existence at the date of the revocation of the subsequent will. (2) The revocation of a codicil to a will does not revoke the will, and, in […]
732.509 Revocation of codicil.—The revocation of a will revokes all codicils to that will. History.—s. 1, ch. 74-106; s. 113, ch. 75-220. Note.—Created from former s. 731.16.
732.5105 Republication of wills by codicil.—The execution of a codicil referring to a previous will has the effect of republishing the will as modified by the codicil. History.—s. 1, ch. 74-106; s. 113, ch. 75-220. Note.—Created from former s. 731.17.
732.511 Republication of wills by reexecution.—If a will has been revoked or if it is invalid for any other reason, it may be republished and made valid by its reexecution or the execution of a codicil republishing it with the formalities required by this law for the execution of wills. History.—s. 1, ch. 74-106; s. 113, […]
732.512 Incorporation by reference.— (1) A writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification. (2) A will may dispose of property by reference to acts and events which have significance apart from their effect upon […]
732.513 Devises to trustee.— (1) A valid devise may be made to the trustee of a trust that is evidenced by a written instrument in existence at the time of making the will, or by a written instrument subscribed concurrently with making of the will, if the written instrument is identified in the will. (2) The devise shall […]
732.514 Vesting of devises.—The death of the testator is the event that vests the right to devises unless the testator in the will has provided that some other event must happen before a devise vests. History.—s. 1, ch. 74-106; ss. 28, 113, ch. 75-220; s. 964, ch. 97-102; s. 47, ch. 2001-226. Note.—Created from former ss. […]
732.515 Separate writing identifying devises of tangible property.—A written statement or list referred to in the decedent’s will shall dispose of items of tangible personal property, other than property used in trade or business, not otherwise specifically disposed of by the will. To be admissible under this section as evidence of the intended disposition, the writing […]
732.5165 Effect of fraud, duress, mistake, and undue influence.—A will is void if the execution is procured by fraud, duress, mistake, or undue influence. Any part of the will is void if so procured, but the remainder of the will not so procured shall be valid if it is not invalid for other reasons. If the […]
732.517 Penalty clause for contest.—A provision in a will purporting to penalize any interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable. History.—s. 1, ch. 74-106; s. 113, ch. 75-220.
732.518 Will contests.—An action to contest the validity of all or part of a will or the revocation of all or part of a will may not be commenced before the death of the testator. History.—s. 17, ch. 92-200; s. 7, ch. 2011-183.
732.521 Definitions.—As used in ss. 732.521-732.525, the term: (1) “Audio-video communication technology” has the same meaning as provided in s. 117.201. (2) “Electronic record” has the same meaning as provided in s. 668.50. (3) “Electronic signature” means an electronic mark visibly manifested in a record as a signature and executed or adopted by a person with the intent to […]
732.522 Method and place of execution.—For purposes of the execution or filing of an electronic will, the acknowledgment of an electronic will by the testator and the affidavits of witnesses under s. 732.503, or any other instrument under the Florida Probate Code: (1) Any requirement that an instrument be signed may be satisfied by an electronic signature. […]
