Legal Last Will and Testament Form for Divorced Person Not Remarried with No Children - Florida 2025

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Courts May Only Invalidate a Will Under Certain Circumstances. While a will can be declared void if it was procured by fraud, duress, or undue influence, a mistake in the drafting or execution of a will may not be grounds to invalidate the entire document.
Unlike with married couples, when one unmarried partner passes, the living partner does not receive any automatic legal right to their deceased partners property or assets. In this case, with no will, the assets will likely be passed to the deceased partners family, and their estate is left in the hands of state law.
Florida Last Will and Testament Requirements A Florida Will must be signed by you at the end of the document, in front two attesting witnesses, who must sign or acknowledge that you signed the last will and testament. Fla. Stat. 732.502(1).
If there are no children when a spouse dies in Florida, the spouse gets everything. If there are living descendants like children, but no spouse, the children will inherit everything.
Spouses should know Florida Statutes automatically revokes certain will provisions upon a final judgment of dissolution or annulment. Floridas automatic revocation on divorce statute section 732.507(2), Florida Statutes may void provisions of a will that affect a former spouse.
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Florida statutes define non-marital or separate assets as the property received by either spouse separately by bequest, descent, non-interspousal gift, or devise. Therefore, an inheritance is considered a non-marital asset. A spouse should not be entitled to any portion of another spouses inheritance.
Typically a divorce settlement will void any will written previous to the settlement. This is to prevent an ex-spouse from inheriting when there is a new spouse involved.
ing to Florida Statute 732.507(2), any provision in a will that a married person executed that affects their spouse becomes void upon divorce, dissolution, or annulment unless the will or the divorce decree or judgment explicitly says that the inheritance remains in effect.

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