COMMON QUESTIONS OF LAW: WILLS
                                                             
By Robert J. Myers, Esquire

In the every day practice of law at Maney l Gordon P.A., common questions of law are asked by
clients of the firm. A few of the most common questions which are responded to concerning wills
and probate are as follows:

WHAT ARE THE FORMAL REQUIREMENTS FOR A LEGAL WILL IN FLORIDA?

Whoever makes a will in the State of Florida must be at least eighteen (18) years of age. 
Your will must be in writing. You must be of sound mind or be competent when you sign your will. 
A will must be witnessed in a special manner when you sign it. This requires that certain legal
formalities be observed at the time of execution of the will. Finally, in order to be effective, a will
must be acceptable to the Probate Court.

CAN I CROSS OUT OR WRITE ADDITIONAL WORDS IN MY WILL?

It is not a good idea to cross out words or add words to a will after the will has been
signed and executed. If you write on the will after you have signed and executed it, you run a
serious risk that some or all of the will may be determined by a Probate Court Judge to be invalid. 

WHY DO I NEED A WILL?

Everyone needs to have a will. People with minor children need wills so that they can
name a guardian for their minor children in the event of death. A will enables you to decide who
gets your property. Without a will, the laws of the State of Florida decide who gets your real
estate and personal property. A will also allows you to name who will manage the distribution
of your estate. This party is known as the personal representative under Florida law.

IS MY CURRENT WILL STILL GOOD?

That depends. As long as your current will meets the formal requirements for a legal will in
Florida, it is "good" until you change or revoke it in accordance with Florida law. You can change
your will as often as you wish so long as you comply with the legal requirements concerning
capacity, fraud, undue influence, duress and meet the formal requirements for a will in the State
of Florida.  Both monetary and personal changes in your life may require a change in your will. 
For example, divorce, marriage, birth of children, and deaths of relatives may be a reminder to
review the adequacy of your current will.  In addition, tax law changes and a change in the
amount or makeup of your estate may make it advisable to change your will to better serve your
legal heirs.

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Robert J. Myers is managing attorney of the Estate and Trust Division of  Maney l Gordon P.A.,
located at 1135 Pasadena Avenue South, Suite 140, St Petersburg, Florida. The telephone number
is 727-347-5131. Mr. Myers welcomes calls regarding this article and other related legal topics. 
This column outlines general legal principles and is not intended to give you legal advice. 
If you have a specific question about the law, please consult an attorney.  

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