Why Updating Your Will Matters
A will isn’t a “set it and forget it” document. Life changes — and so should your estate plan. In Florida, many people create a will and never revisit it, only to leave behind outdated instructions that no longer reflect their wishes or their family’s reality.
Regularly reviewing your will ensures that your estate passes according to your current intentions and that it remains compliant with Florida’s probate and homestead laws. Under Fla. Stat. § 732.505, a new will or codicil (amendment) can revoke or modify prior wills in whole or in part — but only if executed properly.
Key Life Events That Should Trigger an Update
You should review and update your will whenever major personal, financial, or family events occur. Common triggers include:
- Marriage or divorce – Florida law automatically revokes certain provisions for a former spouse (Fla. Stat. § 732.507(2)), but not all; you should confirm that beneficiary designations and fiduciary appointments still reflect your wishes.
- Birth or adoption of a child or grandchild – A new heir may need to be added, or trust provisions updated to protect minors.
- Death of a named beneficiary or personal representative – Substitute choices should be appointed to avoid probate complications.
- Significant change in wealth or property – New real estate, business interests, or investments may warrant trust planning or tax strategies.
- Relocation – If you move into or out of Florida, you should review your will to ensure compliance with Fla. Stat. § 732.502 and Florida homestead law (Art. X, § 4, Fla. Const.).
- Health changes – Chronic illness or long-term care planning may require updates to powers of attorney, advance directives, or living wills.
Even without major events, it’s wise to review your will every three to five years to ensure it still aligns with your current circumstances and law.
How to Update a Will in Florida
There are two primary ways to legally update a will in Florida:
1. Execute a Codicil
A codicil is a written amendment that changes part of your existing will without replacing it entirely. It must be executed with the same formalities as a will under Fla. Stat. § 732.502 (signed by the testator and two witnesses in each other’s presence).
Codicils are useful for small updates — such as changing a personal representative or adding a specific bequest.
2. Execute a New Will
When major life or asset changes occur, it’s usually cleaner to create a new will that expressly revokes the prior version. Under Fla. Stat. § 732.505(1), revocation may occur by a later will, codicil, or by physically destroying the old will (with the intent to revoke it).
Clause Law Group typically recommends executing a new will if your prior document is more than five years old or if multiple codicils might cause confusion later.
Common Mistakes to Avoid
When updating your will, it’s important to avoid missteps that could invalidate your new plan or create ambiguity. Common mistakes include:
- Failing to sign with two witnesses in proper sequence
- Keeping conflicting versions of wills or codicils
- Forgetting to update related documents (trusts, deeds, beneficiary designations)
- Not addressing new property or homestead ownership under Florida law
Our firm ensures all updates are properly executed, notarized when appropriate, and stored securely to prevent challenges or confusion during probate.
Coordinating Updates with the Rest of Your Estate Plan
Updating your will should go hand-in-hand with reviewing your revocable trust, durable power of attorney, health care surrogate, and living will. Florida’s estate laws are interdependent, and changes in one document can affect another.
For instance:
- Adding a new property to your portfolio may require a Lady Bird Deed to avoid probate.
- Updating your personal representative may also require adjusting your trustee or agent designations.
- Relocating between Florida and another state may require revisiting both probate and homestead treatment.
Clause Law Group takes a comprehensive approach — ensuring every component of your estate plan works together smoothly.
The Bottom Line
Updating your will isn’t just about paperwork; it’s about protecting your family and ensuring your legacy reflects your present-day wishes.
A quick review today can prevent confusion, disputes, and unnecessary court costs later. Whether you live in Florida full-time or simply own property here, a Florida-compliant will ensures your estate remains in good legal order.
Work with Clause Law Group
At Clause Law Group, we make it easy to review and update your estate plan. Our team serves clients throughout Stuart, Martin County, St. Lucie County, and Palm Beach County, as well as families nationwide who own Florida property.
If your life has changed — your will should too. Schedule a consultation today to make sure your estate plan is up-to-date, compliant, and ready to protect those you love.
