FL Bar Wills, Trusts & Estates 1 — Questions and Answers
Question 1: Under Florida law, what is the minimum age required to execute a valid will?
- 18 years old (Correct answer)
- 16 years old
- 21 years old
- 14 years old
Correct answer: 18 years old
Florida Statutes §732.501 requires a testator to be at least 18 years old (or an emancipated minor) to execute a valid will.
Question 2: How many witnesses are required for a valid will execution under Florida Statutes §732.502?
- Two witnesses (Correct answer)
- One witness
- Three witnesses
- No witnesses if notarized
Correct answer: Two witnesses
Florida requires two witnesses who sign in the testator's presence and in the presence of each other at the time of execution.
Question 3: Which type of will does Florida NOT recognize as valid?
- Holographic wills (Correct answer)
- Attested wills
- Self-proved wills
- Oral wills made by military personnel
Correct answer: Holographic wills
Florida does not recognize holographic (handwritten, unwitnessed) wills; all wills must meet the formal witness requirements of §732.502.
Question 4: Under Florida's intestacy statute, if a decedent dies leaving a surviving spouse and children who are all children of both the decedent and the surviving spouse, the surviving spouse receives:
- The entire intestate estate (Correct answer)
- Half of the intestate estate
- One-third of the intestate estate
- A life estate in all property
Correct answer: The entire intestate estate
Under §732.102(1), when all of the decedent's descendants are also descendants of the surviving spouse, the spouse inherits the entire intestate estate.
Question 5: What percentage of the elective estate may a surviving spouse claim as an elective share under Florida Statutes §732.2065?
- 30% (Correct answer)
- 25%
- 50%
- One-third
Correct answer: 30%
Florida Statutes §732.2065 sets the surviving spouse's elective share at 30% of the elective estate.
Question 6: Under Florida law, which of the following is a valid method of revoking a will?
- Physical act such as burning or tearing with intent to revoke (Correct answer)
- Marriage to a new spouse
- Oral declaration before two witnesses
- Filing a notice of revocation with the probate court
Correct answer: Physical act such as burning or tearing with intent to revoke
Florida Statutes §732.505 permits revocation by physical act (burning, tearing, canceling, obliterating) performed with intent to revoke, or by executing a subsequent will.
Question 7: Under Florida's pretermitted child statute (§732.302), a child born after the execution of a will is entitled to:
- An intestate share unless the omission appears intentional (Correct answer)
- Nothing unless specifically named in the will
- An equal share with all other beneficiaries
- A share only if there is no surviving spouse
Correct answer: An intestate share unless the omission appears intentional
§732.302 provides that a child born or adopted after the will's execution takes an intestate share unless the will shows the omission was intentional or the testator provided for the child outside the will.
FL Bar Wills, Trusts & Estates 1
Under Florida law, what is the minimum age required to execute a valid will?