FL Bar Wills, Trusts & Estates

Question 1

Under Florida law, what is the minimum age required to execute a valid will?

Accepted Answer

18 years old

Answer

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?

Accepted Answer

Two witnesses

Answer

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?

Accepted Answer

Holographic wills

Answer

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:

Accepted Answer

The entire intestate estate

Answer

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?

Accepted Answer

30%

Answer

Florida Statutes §732.2065 sets the surviving spouse's elective share at 30% of the elective estate.

FL Bar - Florida Bar Exam Practice Test

FL Bar - Florida Bar Exam Practice Test

FL Bar Wills, Trusts & Estates