FL BAR EXAM (WILLS &
ESTATES)
What is a will?
An instrument that is executed w/ certain formalities, testamentary in
character, revocable during the lifetime of the maker, and operative at
the testator's death.
FL Req'ts of a will
1. Testator had a sound mind and was 18 yrs old or emancipated at
time of drafting the will;
2. Must be in writing;
3. Present intent;
4. T signed at the end of the will; and
5. T must sign in presence of 2 witnesses and each witness must sign
in presence of T and the other witness
What does the signature at the end req't mean?
Nothing is added after the witnesses have signed
Are handwritten wills valid?
Yes as long as it meets all of the elements of a will including that it
was made w/ 2 witnesses.
Florida does not accept an oral will or a holographic will, which is
one that is written, but was unattested to.
Is it sufficient for witnesses to be at the same place when signing a
will?
FL follows scope of vision rule, which means the witnesses must be
able to see each other sign.
,Testator's may sign before witnesses see him sign as long as he
acknowledges that it is his signature.
Are witnesses w/ an interest in the will permitted to be witnesses
of the will?
Yes, but not encouraged for practice
If T is domiciled in another place, must his estate be administered
in Florida?
Yes, an ancillary administration is required.
If T is domiciled in another place, must it meet the Florida wills
statute?
No, as long as it complies w/ rules of the place where domiciled, but
not if unattested to by witnesses.
Must the contents of a will be published?
No
How are wills proved to be valid?
Oath of any attesting witness unless they can't be found or are dead,
then oath of personal rep will suffice.
Florida also permits self-proving affidavits for purposes of testifying
in court.
Is a will valid if it is not signed by witnesses, but the self-proving
affidavits are signed?
Yes
Statute of Limitations for Wills
Once administration of an estate is completed, everything is final.
Methods of Revocation
, Operation of law;
Subsequent instrument; or
Physical act
What operations of law revoke a will?
Subsequent marriage, divorce, annulment, or birth or adoption of
children;
Pretermitted spouse;
Pretermitted child
Does it make a difference if a couple is divorced or separated?
Divorce or annulment revokes all provisions in favor of a former
spouse.
Separation does not revoke provisions in her favor.
If divorced and remarried, then spouse is back in the will assuming a
new will was not created.
What is a pretermitted spouse?
One who married decedent after he made his will.
She may chose receive an intestate share and the entire will is revoked
or receive an elective share.
What is a pretermitted child?
Child is born or adopted after the will was executed.
Child is entitled to a share.
Exceptions to pretermitted child rule
Child received advancement;
Child is intentionally left off; or
ESTATES)
What is a will?
An instrument that is executed w/ certain formalities, testamentary in
character, revocable during the lifetime of the maker, and operative at
the testator's death.
FL Req'ts of a will
1. Testator had a sound mind and was 18 yrs old or emancipated at
time of drafting the will;
2. Must be in writing;
3. Present intent;
4. T signed at the end of the will; and
5. T must sign in presence of 2 witnesses and each witness must sign
in presence of T and the other witness
What does the signature at the end req't mean?
Nothing is added after the witnesses have signed
Are handwritten wills valid?
Yes as long as it meets all of the elements of a will including that it
was made w/ 2 witnesses.
Florida does not accept an oral will or a holographic will, which is
one that is written, but was unattested to.
Is it sufficient for witnesses to be at the same place when signing a
will?
FL follows scope of vision rule, which means the witnesses must be
able to see each other sign.
,Testator's may sign before witnesses see him sign as long as he
acknowledges that it is his signature.
Are witnesses w/ an interest in the will permitted to be witnesses
of the will?
Yes, but not encouraged for practice
If T is domiciled in another place, must his estate be administered
in Florida?
Yes, an ancillary administration is required.
If T is domiciled in another place, must it meet the Florida wills
statute?
No, as long as it complies w/ rules of the place where domiciled, but
not if unattested to by witnesses.
Must the contents of a will be published?
No
How are wills proved to be valid?
Oath of any attesting witness unless they can't be found or are dead,
then oath of personal rep will suffice.
Florida also permits self-proving affidavits for purposes of testifying
in court.
Is a will valid if it is not signed by witnesses, but the self-proving
affidavits are signed?
Yes
Statute of Limitations for Wills
Once administration of an estate is completed, everything is final.
Methods of Revocation
, Operation of law;
Subsequent instrument; or
Physical act
What operations of law revoke a will?
Subsequent marriage, divorce, annulment, or birth or adoption of
children;
Pretermitted spouse;
Pretermitted child
Does it make a difference if a couple is divorced or separated?
Divorce or annulment revokes all provisions in favor of a former
spouse.
Separation does not revoke provisions in her favor.
If divorced and remarried, then spouse is back in the will assuming a
new will was not created.
What is a pretermitted spouse?
One who married decedent after he made his will.
She may chose receive an intestate share and the entire will is revoked
or receive an elective share.
What is a pretermitted child?
Child is born or adopted after the will was executed.
Child is entitled to a share.
Exceptions to pretermitted child rule
Child received advancement;
Child is intentionally left off; or
