Legal Question in Wills and Trusts in Florida

Is a will drawn up in Virginia 10 years ago still be valid in Florida or is state laws different?

Thank You


Asked on 7/12/10, 3:03 pm

3 Answers from Attorneys

Marc J. Soss Marc J. Soss, Esquire

The document is valid in Florida. However, the laws are very different from state to state and what may have accomplished your objectives in VA may not do the same in Florida. It is worth your time to have all of your estate planning documents updated to Florida law, especially if they are ten years old.

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Answered on 7/12/10, 6:27 pm


It depends. If the person who created the Will is still a Virginia resident, then Florida will accept a Will from another State or Country if it is valid in that State or Country. If the person has become a Florida resident, then the Will must comply with the laws of Florida. It requires 2 witnesses, and that everyone witnessed the document in front of each other.

Another point though is whether the Will is self-proved. It would be better if it was. So you may want to see an attorney to have it throughly reviewed as to its validity.

Besides Estate Planning Documents such as Wills should be reviewed every 2 to 5 years, or upon a change of circumstances. In both cases, time and a move qualify to seek the Will to be reviewed.

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Answered on 7/12/10, 7:15 pm
Lucreita Becude Lucreita D. Becude, P.A.

My colleagues are absolutely correct. If you need assistance in preparing Florida documents and are located in or near my area, contact my office for an appointment.

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Answered on 7/14/10, 11:37 am

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