LAST WILL AND TESTAMENT
OF [TESTATOR FULL LEGAL NAME]
State of Florida – Effective [EFFECTIVE DATE]
TABLE OF CONTENTS
- DOCUMENT HEADER
- DEFINITIONS
- OPERATIVE PROVISIONS
3.1. Revocation of Prior Wills and Codicils
3.2. Family Information
3.3. Appointment of Personal Representative
3.4. Specific Devises and Bequests
3.5. Residuary Estate
3.6. Payment of Debts, Expenses, and Taxes
3.7. Guardianship of Minor Children
3.8. Fiduciary Powers - REPRESENTATIONS & WARRANTIES (Limited)
- COVENANTS & RESTRICTIONS (Not Applicable)
- DEFAULT & REMEDIES (Will-Contest Remedy)
- RISK ALLOCATION
- DISPUTE RESOLUTION
- GENERAL PROVISIONS
- EXECUTION BLOCK
- ATTESTATION CLAUSE
- SELF-PROVING AFFIDAVIT (Optional but Recommended)
1. DOCUMENT HEADER
This Last Will and Testament (“Will”) is made on [EFFECTIVE DATE] by [TESTATOR FULL LEGAL NAME], currently residing at [TESTATOR ADDRESS] (“Testator”), who is of sound mind and over eighteen (18) years of age. Testator declares this instrument to be Testator’s Will pursuant to Fla. Stat. § 732.502 (2023) and directs that it be admitted to probate in accordance with Florida law.
[// GUIDANCE: Fla. Stat. § 732.502 sets out Florida’s execution requirements—written instrument, signature at the end, and two attesting witnesses present at the same time.]
2. DEFINITIONS
For purposes of this Will, capitalized terms have the meanings set forth below:
“Assets” means all real, personal, tangible, and intangible property owned by Testator at death, wherever situated.
“Child” or “Children” means any biological or legally adopted child of Testator, whether now living or hereafter born or adopted.
“Estate” means the aggregate Assets, wherever located, passing under this Will or by operation of law at Testator’s death.
“Personal Representative” means the individual(s) or corporate fiduciary named in Section 3.3, together with any successor appointed under this Will or by the court.
“Residuary Estate” means all Assets not effectively disposed of under Sections 3.4 or 3.6.
3. OPERATIVE PROVISIONS
3.1 Revocation of Prior Wills and Codicils
All prior wills and codicils executed by Testator are hereby revoked.
3.2 Family Information
Testator is married to [SPOUSE NAME] (the “Spouse”). Testator has the following Children:
• [CHILD 1 NAME], born [DOB]
• [CHILD 2 NAME], born [DOB]
[// GUIDANCE: Delete or modify this subsection if circumstances differ.]
3.3 Appointment of Personal Representative
3.3.1 Primary Appointment. Testator appoints [PRIMARY PERSONAL REPRESENTATIVE NAME] of [ADDRESS] as Personal Representative.
3.3.2 Successor Appointment. If the primary appointee is unable or unwilling to act, Testator appoints [SUCCESSOR PERSONAL REPRESENTATIVE NAME] of [ADDRESS] as successor.
3.3.3 Bond Waiver. No bond or other security shall be required of any Personal Representative.
3.3.4 Executor Indemnity. The Personal Representative shall be indemnified out of the Estate against any claim, liability, or expense incurred in good-faith administration.
3.4 Specific Devises and Bequests
Testator makes the following gifts:
a. To [BENEFICIARY NAME], Testator devises Testator’s residence located at [ADDRESS], subject to any encumbrances.
b. To [BENEFICIARY NAME], Testator bequeaths the sum of $[AMOUNT].
[// GUIDANCE: List all specific gifts. Delete subsection if none.]
3.5 Residuary Estate
Testator devises the Residuary Estate to [PRIMARY RESIDUARY BENEFICIARY NAME]. If said beneficiary predeceases Testator, the Residuary Estate shall pass per stirpes to Testator’s Children.
3.6 Payment of Debts, Expenses, and Taxes
The Personal Representative shall pay out of the Estate Assets all enforceable debts, funeral expenses, administration expenses, and estate taxes, without apportionment, except as otherwise provided by law.
3.7 Guardianship of Minor Children
Testator nominates [PRIMARY GUARDIAN NAME] as guardian of the person and property of any minor Child. If that individual cannot serve, [SUCCESSOR GUARDIAN NAME] is nominated.
3.8 Fiduciary Powers
The Personal Representative shall have all powers granted under Fla. Stat. §§ 733.607–733.612 (2023) and any other applicable statutes, including the power to sell, lease, or mortgage real and personal property without court order.
4. REPRESENTATIONS & WARRANTIES (Limited)
Testator represents that all information regarding marital status and Children in Section 3.2 is true and complete. No additional representations or warranties are intended or implied.
5. COVENANTS & RESTRICTIONS
Not applicable to testamentary instruments; intentionally omitted.
6. DEFAULT & REMEDIES — WILL-CONTEST REMEDY
6.1 Injunctive Relief. Any beneficiary seeking to contest this Will shall pursue relief exclusively in the Probate Division of the [COUNTY] Circuit Court and shall not seek jury trial.
6.2 Enforcement. The Personal Representative is authorized to seek injunctive or declaratory relief to enforce the provisions hereof.
[// GUIDANCE: Florida disallows “no-contest” forfeiture clauses (Fla. Stat. § 732.517), so this section provides procedural—not punitive—remedies.]
7. RISK ALLOCATION
7.1 Indemnification. See Section 3.3.4.
7.2 Limitation of Liability. Liability for claims arising from administration of the Estate is limited to the value of Estate Assets.
7.3 Insurance. The Personal Representative is empowered to purchase insurance to protect Estate Assets.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Will shall be construed under the laws of the State of Florida.
8.2 Forum Selection. Exclusive jurisdiction lies with the Probate Division of the [COUNTY] Circuit Court, State of Florida.
8.3 Arbitration. Not applicable.
8.4 Jury Waiver. Pursuant to Fla. Prob. R. 5.025(d), jury trials are unavailable in ordinary probate proceedings.
9. GENERAL PROVISIONS
9.1 Severability. If any provision of this Will is held invalid, the remaining provisions shall remain in full force.
9.2 Headings. Headings are for convenience only and shall not affect interpretation.
9.3 Counterparts & Electronic Copies. An executed original of this Will shall control; conformed copies may be relied upon for all non-probate purposes.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, I, [TESTATOR FULL LEGAL NAME], sign my name to this Will on the date first above written, declaring it to be my Last Will and Testament.
[TESTATOR FULL LEGAL NAME], Testator
11. ATTESTATION CLAUSE
Signed, sealed, published, and declared by [TESTATOR FULL LEGAL NAME] as Testator’s Last Will and Testament in our presence, and we, in Testator’s presence and in the presence of each other, have subscribed our names as witnesses on the date above:
-
[WITNESS #1 NAME]
[ADDRESS] -
[WITNESS #2 NAME]
[ADDRESS]
[// GUIDANCE: Execution must comply with Fla. Stat. § 732.502 — two witnesses present simultaneously with Testator.]
12. SELF-PROVING AFFIDAVIT
(Optional – recommended to expedite probate; complies with Fla. Stat. § 732.503)
STATE OF FLORIDA
COUNTY OF [COUNTY]
Before me, the undersigned authority, appeared [TESTATOR NAME], [WITNESS #1 NAME], and [WITNESS #2 NAME], all personally known to me or who have produced satisfactory identification, and all of whom, being duly sworn, did depose and say:
- Testator executed the foregoing instrument as Testator’s Last Will and Testament.
- Testator signed voluntarily and was of sound mind at the time of signing.
- Each witness signed the Will in the presence of the Testator and of each other.
Subscribed, sworn to, and acknowledged before me on [DATE].
Notary Public, State of Florida
Name: _____
My Commission Expires: _
(Seal)
[// GUIDANCE: Insert notary block formatting as required by Fla. Stat. § 117.05.]
END OF DOCUMENT