Learn how to fund a trust in Florida with this plain-English guide covering real estate transfers, bank accounts, and which assets belong in your trust.
A will is one of the most important documents you will ever sign. But signing it is not the end of the story. Life keeps moving, and a will that made perfect sense five years ago may no longer reflect what you want for your family today.
Florida residents often treat a will as something they can check off a list and forget. That approach can create real problems down the road. Treating your will as a living plan – one that grows and changes with you – is one of the most thoughtful things you can do for the people you love.
How Often Should You Update Your Will?
There is no single rule about how often you need to review your will. Florida law does not require you to revisit it on any set schedule. But that does not mean you should put it in a drawer and never look at it again.
A Simple Starting Point
A good general guideline is to review your will every three to five years, even if nothing dramatic has changed in your life. A periodic review helps you catch small things that may have shifted – a beneficiary’s address, a change in your financial picture, or a relationship that has evolved.
Beyond scheduled reviews, any major life event should prompt you to pull out that document right away. Life moves fast, and your paperwork should keep up with it.
The Life Events That Mean You Need to Review Your Will Right Away
Certain changes in your life are clear signals that your will needs attention. If any of the following have happened recently, now is the time to review it.
Family and Relationship Changes
- Getting married or remarrying
- Going through a divorce
- Having a child or adopting
- The death of a beneficiary or someone you named as your personal representative
- A falling out with someone named in your will
- Taking on the care of a new dependent, such as an aging parent
Financial and Property Changes
- Buying or selling real estate, including a home in Florida with homestead protections
- Receiving a significant inheritance
- Starting or closing a business
- A major shift in your overall financial situation
Florida’s homestead rules are worth special attention. Florida law places restrictions on who you can leave homestead property to when you have a surviving spouse or minor children. If your property situation has changed, those rules make it especially important to review your plan with an attorney.
What Happens to Your Will After a Divorce in Florida
Divorce is one of the most important triggers for updating a will, and Florida law does provide some protection here – but not as much as many people assume.
What Florida Law Does Automatically
Under Florida law, once a divorce is final, any gifts left to your former spouse in your will are automatically revoked. Your ex-spouse is also removed from any role you gave them in your will, such as serving as your personal representative.
That automatic removal might sound reassuring, but it is not a reason to skip a full update.
Why an Automatic Removal Is Not Enough
When Florida law removes your ex-spouse from your will, it does not fill in the gaps with what you actually want. Those gifts simply fail, and the estate plan you thought you had may not work the way you intended. You need to name new beneficiaries, a new personal representative, and potentially a guardian for your children.
Updating a will after a divorce in Florida also means looking beyond the will itself. Beneficiary designations on life insurance policies, retirement accounts, and bank accounts are controlled separately. Florida’s automatic revocation rule does not reach those. If your ex-spouse is still listed as a beneficiary on a retirement account or insurance policy, they may still inherit that asset regardless of what your will says. Reviewing and updating those designations is just as important as revising the will.
How to Actually Change Your Will in Florida – Codicil or Brand New Will?
Once you have decided your will needs updating, you have two options under Florida law: add a formal amendment called a codicil, or start fresh with a completely new will.
What Is a Codicil?
A codicil is a separate legal document that modifies specific parts of an existing will without replacing the whole thing. It must meet the same legal requirements as a will in Florida, meaning it must be signed in front of two witnesses and notarized.
A codicil can make sense for a very simple, isolated change. However, it adds a layer of complexity because your personal representative and the probate court will need to read and reconcile both documents.
Why Most Attorneys Recommend Starting Fresh
For most people, starting over with a new will is cleaner and less likely to cause confusion. When you sign a new will in Florida, it typically revokes all prior wills. That means there is only one document to follow, which reduces the chance of conflicting instructions creating problems in probate.
Knowing how to change a will in Florida also means knowing what makes a change legally valid. Whether you are signing a codicil or a brand new will, Florida law requires your signature in front of two witnesses who also sign in your presence. A self-proving affidavit, which is notarized at the time of signing, is standard practice and makes the process smoother for your personal representative later.
Common Mistakes Florida Residents Make When Updating a Will
Understanding when and how to update your will matters just as much as avoiding the mistakes that can make a revision invalid or create new problems.
Marking Up an Existing Will
One of the most common and most damaging mistakes is crossing out language, writing in the margins, or making handwritten changes directly on a signed will. In Florida, these informal markings do not create a valid change. Worse, they can raise questions about whether the original will is still valid at all. Never write on a signed will.
Forgetting the Rest of Your Plan
A will is one piece of a larger estate plan. When you update your will, take the time to review your durable power of attorney, designation of health care surrogate, and living will as well. These documents name the people who speak for you if you cannot speak for yourself. If those names are outdated, the update to your will alone will not protect you fully.
Waiting Too Long
An outdated will does not quietly sit in the background. It can create confusion, conflict among family members, and real delays in the probate process. Waiting until a health crisis to revisit your plan means you may not have the time or capacity to do it properly.
Conclusion
Residents of Mount Dora, Tavares, Eustis, and communities across Lake County and Central Florida deserve an estate plan that actually reflects their lives. Treating a will review as a routine part of planning – rather than a one-time task – is one of the most practical steps you can take for your family. If a life change has you wondering whether your current will still works, speaking with a licensed Florida estate planning attorney is a straightforward next step.
Disclaimer
This article provides general information about Florida law. It is not legal advice and should not be relied on as such. Laws change over time, and how they apply depends on your own circumstances. Reading this article does not create an attorney-client relationship. For advice about your situation, please speak with a licensed Florida attorney.
