If you created your last will and testament many years ago, you may wonder whether it is still valid under Florida law. Unlike documents that have a specific expiration date, a properly executed Florida will generally does not become invalid simply because it is old. However, changes in your family, finances, property, or wishes can make an older estate plan less effective than you intended.

For individuals and families in Broward County, periodically reviewing a will can help ensure that an estate plan continues to reflect current circumstances and complies with Florida law.

Does a Will Expire in Florida?

Florida law does not establish an expiration date for a properly executed will. A will can potentially remain valid for decades unless it is revoked, replaced, or otherwise found invalid.

Florida law generally requires a will to be in writing, signed by the person making the will, and witnessed by at least two witnesses in accordance with statutory requirements.

Florida also permits a will to be made self-proved through the required acknowledgment and witness affidavits. A self-proving will can simplify the process of establishing proper execution during probate.

Why an Older Will May Need to Be Updated

Even when an older will remains legally valid, it may no longer accomplish your current estate planning goals. Significant life events are often a good reason to review your estate plan.

Examples include marriage, divorce, the birth or adoption of a child, the death of a beneficiary, acquiring or selling significant property, moving to Florida from another state, or a substantial change in financial circumstances.

A will written 10 or 20 years ago may name beneficiaries, personal representatives, or guardians who are no longer appropriate. It may also refer to property you no longer own or fail to address assets acquired after the estate plan was created.

How Marriage and Divorce Can Affect a Florida Will

Family changes can have important estate planning consequences. Under Florida law, a subsequent marriage, birth, or adoption does not automatically revoke an existing will. However, a spouse or child who was not included in an older will may have inheritance rights under Florida's pretermitted spouse or child laws.

Divorce can also significantly change how a will operates. Florida law generally provides that provisions affecting a former spouse become void after the marriage is judicially dissolved, subject to certain statutory exceptions. The will is generally interpreted as though the former spouse died when the marriage was dissolved.

Because these rules can affect how property is distributed, reviewing an estate plan after a marriage, divorce, birth, or adoption can help prevent unintended results.

Can You Simply Write Changes on an Old Will?

Making handwritten edits to an existing will can create problems. Florida law provides specific methods for revoking or modifying testamentary documents. A subsequent will, codicil, or other qualifying writing may revoke all or part of an earlier will when the applicable legal formalities are satisfied.

Rather than crossing out provisions or writing new instructions on the original document, individuals should consider having their estate planning documents formally reviewed and updated.

What If You Created Your Will in Another State?

People frequently move to Broward County after creating an estate plan elsewhere. Florida law generally recognizes certain wills executed by nonresidents when those wills were validly executed under the applicable law, although there are exceptions, including rules concerning holographic and nuncupative wills.

If you have relocated to Florida, reviewing an out-of-state estate plan can help determine whether changes would make probate administration easier and whether the documents still reflect your current wishes.

How Often Should You Review Your Estate Plan?

There is no single review schedule that works for everyone. However, reviewing your will periodically and following major life or financial changes can help identify outdated provisions before they create complications.

An estate plan review may also include documents beyond a will, such as trusts, powers of attorney, health care directives, and beneficiary designations. These documents can work together to determine how financial and personal matters are handled during incapacity and after death.

Broward County Estate Planning Assistance

An old will does not automatically become invalid simply because time has passed. Still, an outdated estate plan can create uncertainty if it no longer reflects your family relationships, property, or current intentions.

At Michael Greenwald, P.A., we provide estate planning legal assistance to individuals and families throughout Broward County. If you have an older will or are considering updating your Florida estate plan, our firm can review your documents and help you understand the options available under Florida law.