Anyone, familiar with the Terry Schiavo case, understands the importance of having a Florida legal will or living will in place.  Incapacitated in a coma for 15-years, the living will fiasco ensued an enduring court battle that ended up going to the US Supreme Court. But despite the extensive media coverage, Floridians continue to forgo a contingency plan.

In the case of the late Mrs. Schiavo, she did not have a living will, outlining the terms of a major medical contingency. An embroiled legal battle between her spouse and parents ensued. Having a contingency plan in place in case something should happen is key to the preventing a scenario similar to the Schiavo case.  Nevertheless, not all states share the same legislation on living testaments. A Florida legal  will has unique stipulations, which include the following:

• Although, some states recognize holographic wills, Florida does not recognize these types of wills, whereby the testator is the only signer (without any witnesses),

• A living will remains effective until the document is revoked or replaced. Any addendums or codicils require the same legal requirements as a Florida will.

• Florida statutes mandate that a surviving spouse cannot modify the terms of the gift.

• The terms of a Florida legal will cannot be written to force the beneficiary to commit an unlawful act in order to inherit the will.

• A Florida legal will does not have the authorization to distribute property owned by  two or more parties.

• A spouse cannot override the terms of a Florida legal will that has been allocated for a designated beneficiary (in example a life insurance policy).

• Beneficiaries, who dispute the validity of a Florida legal will, must prove that the will has not met the requirement during the estate’s probate.