Category: Last Will & Testament

What is a “Will”?

A “Will” means an instrument, including a codicil, executed by a person in the manner prescribed by Florida law, which disposes of the person’s property, on or after his or her death. It also includes an instrument which merely appoints a personal representative or revokes or revises another will.

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Agreements to Make a Will or Devise

No agreement to make a will, to give a devise, not to revoke a will, not to revoke a devise, not to make a will, or not to make a devise shall be binding or enforceable unless the agreement is in writing and signed by the agreeing party in the presence of two attesting witnesses. [..]

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Production of the Will of a Decedent

The custodian of a Will must deposit the will with the clerk of the court having venue of the estate of the decedent within 10 days after receiving information that the testator is dead. The custodian must supply the testator’s date of death or the last four digits of the testator’s social security number to [..]

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What is Exculpation of a Personal Representative?

It is a term of a Will relieving a Personal Representative of liability to a beneficiary for breach of fiduciary duty and is unenforceable to the extent that the term: (a) Relieves the Personal Representative of liability for breach of fiduciary duty committed in bad faith or with reckless indifference to the purposes of the Will [..]

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Sale, Encumbrance, or Transaction Involving The Personal Representative and a Conflict of Interest

Any sale or encumbrance to the Personal Representative or the Personal Representative’s spouse, agent, or attorney, or any corporation or trust in which the Personal Representative has a substantial beneficial interest, or any transaction that is affected by a conflict of interest on the part of the Personal Representative, is voidable by any interested person [..]

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