Question 1

What is a testator?

Accepted Answer

A testator is a person who has made a valid will. In Florida: the testator must be: at least 18 years old and of sound mind (Section 732.501). The term "testatrix" was historically used for female testators, but modern usage: uses "testator" for all genders. The testator: is the person whose wishes are expressed in the will, directs how their property should be distributed, names the personal representative (executor), and can name guardians for minor children. The testator’s intent: is the primary guide for interpreting the will.

Question 2

What powers does a testator have in Florida?

Accepted Answer

Powers: dispose of property (the testator can give their property to anyone: family, friends, charities, or strangers), disinherit (the testator can disinherit any family member, including children; exception: the surviving spouse has an elective share right; Section 732.201), create trusts (testamentary trusts within the will), name fiduciaries (personal representative, trustee, and guardian), and impose conditions (the testator can attach conditions to gifts: e.g., the beneficiary must reach a certain age, complete college, etc.; conditions must not be illegal or against public policy).

Question 3

What are a testator’s responsibilities in Florida?

Accepted Answer

Responsibilities: comply with execution requirements (Section 732.502: sign in the presence of 2 witnesses), provide for debts and taxes (the will should address how debts and taxes are paid: from the residuary estate, from specific assets, or pro rata from all beneficiaries), consider the elective share (the surviving spouse is entitled to 30% of the elective estate; Section 732.2065; the testator cannot entirely disinherit the surviving spouse), and update the will (the testator should review and update the will after: marriage, divorce, birth of children, significant changes in assets, and changes in the law). The testator: can revoke or modify the will at any time before death.

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Testator in Florida

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