Creating a will is an important part of protecting your family and establishing how you want your property handled after your death. But what happens if your Florida will was created 10, 20, or even 30 years ago? Does a will eventually expire?

Generally, a properly executed Florida will does not expire simply because it is old. Florida law instead provides specific rules concerning the execution and revocation of wills. A will can therefore remain legally significant many years after it was signed, assuming it was validly executed and has not subsequently been revoked or replaced.

However, an older will may no longer reflect your family, finances, property, or wishes. Orlando residents with older estate plans should periodically consider whether those documents still accomplish what they intended.

Does a Will Have an Expiration Date in Florida?

Florida law does not establish a general expiration date after which an otherwise valid will automatically becomes ineffective merely because of its age. Instead, Florida law establishes requirements for executing wills and identifies circumstances under which a will may be revoked. For example, a later inconsistent will or codicil can revoke earlier provisions, and a will may also be revoked through certain intentional physical acts.

This means a will signed decades ago could potentially remain operative. The more important question is often whether that older document still reflects the person's current circumstances and intentions.

Why an Older Estate Plan May Need to Be Updated

Even when an old will remains legally valid, significant life changes can make its provisions outdated or create unintended consequences. You may want to review your Florida estate plan after events such as:

• Marriage or divorce
• Birth or adoption of a child
• Death of a beneficiary or personal representative
• Purchase or sale of significant property
• Starting or selling a business
• Moving to or from Florida
• Significant changes in financial circumstances
• Changes in family relationships
• Changes to applicable estate or probate laws

Regularly reviewing your estate plan can help identify provisions that no longer match your current wishes.

How Divorce Can Affect a Florida Will

Divorce is particularly important when reviewing an older Florida will. Under Florida Statute § 732.507, provisions in a will affecting a former spouse generally become void upon dissolution of the marriage, subject to statutory exceptions. The will is generally interpreted as though the former spouse died when the marriage was dissolved.

Importantly, marriage, birth, or adoption does not itself revoke an existing Florida will. Florida law nevertheless provides inheritance protections for certain spouses and children who were not included in an earlier will.

Because these rules can produce results different from what someone currently intends, major family changes are a good reason to revisit an estate plan.

Can You Replace an Old Will With a New One?

Yes. Florida law allows a will or portions of it to be revoked through a later will, codicil, or qualifying written instrument executed with the required formalities. A subsequent inconsistent will or codicil may also revoke earlier provisions to the extent they conflict.

Florida generally requires wills to be in writing and signed in accordance with statutory requirements, including the presence and signatures of at least two attesting witnesses. Codicils must satisfy the same formalities.

Because improperly changing or destroying a will can create complications, individuals considering an update should consider having their existing documents reviewed before making changes.

Your Will Is Only One Part of an Estate Plan

Reviewing an older estate plan should extend beyond the will itself. Depending on your circumstances, an estate plan may also include trusts, powers of attorney, health care documents, beneficiary designations, and arrangements for assets that pass outside probate.

A will written many years ago may also reference property that has been sold, individuals who have died, or relationships that have significantly changed. Reviewing the entire plan can help ensure the different documents and beneficiary arrangements work together.

When Should Orlando Residents Review Their Estate Plans?

There is no single schedule that works for everyone. A practical approach is to periodically review your estate planning documents and revisit them whenever a major personal, financial, or family change occurs.

Even when no major event has taken place, reviewing an older will can help determine whether the individuals selected as beneficiaries and fiduciaries remain appropriate and whether the plan continues to address your current assets and objectives.

Speak With an Orlando Estate Planning Attorney

An older Florida will does not necessarily become invalid simply because many years have passed. Nevertheless, relying on an outdated estate plan can lead to results that no longer reflect your wishes.

At Nater Law Firm, PLLC, we provide legal assistance to individuals and families in Orlando with estate planning matters. If you have an older will or are considering updating your Florida estate plan, our firm can help you review your existing documents and evaluate whether changes may be appropriate.