What Is A Will?

A will is a set of written instructions for the distribution of your property when you die. It may also include instructions regarding the handling of your remains although this is not required. During your lifetime, a will does nothing. Upon your death, a copy of your will is filed with the local court and probate proceedings are started, if necessary. Your will names your Personal Representative. If you have minor beneficiaries, disabled beneficiaries, a taxable estate, or certain other situations, then your will may also include a trust naming a trustee for the management of the property for the benefit of those named.

Florida Statute section 731.201(39) defines a will as

an instrument, including a codicil, executed by a person in the manner prescribed by this code, which disposes of the person’s property on or after his or her death and includes an instrument which merely appoints a personal representative or revokes or revises another will.

You can’t get much more basic than that.

Copyright Notice: All Rights Reserved Harry Thomas Hackney, P.A. 2007

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One thought on “What Is A Will?

  1. Pingback: A Lawyer’s Dream: Michael Jackson’s Estate « The Harry Thomas Hackney Florida Law Blog

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