Attack outline
FL Wills Essay Attack
Review the FL Wills Essay Attack with ordered issue-spotting steps and Florida flags where relevant before you jump back into practice.
Ordered attack steps
- Writing?
- Testator signature at end?
- 2 witnesses in presence of testator?
- Witnesses sign in presence of EACH OTHER? (FL requirement)
- Holographic? (NOT valid in FL)
- Physical act (burn, tear, cancel)?
- Subsequent will?
- DIVORCE? → Auto-revokes ex-spouse provisions (FL)
- Revival doctrine?
- Spouse married AFTER will? → Intestate share
- Child born/adopted AFTER will? → Intestate share
- Exceptions: Intentional omission, provided outside will, all to other parent
- Surviving spouse may elect 30% of ELECTIVE estate
- Includes probate + certain nonprobate assets
- Compare to intestate/will share
- CANNOT devise away from spouse or minor children
- Spouse + descendants → Spouse gets LIFE ESTATE, descendants get remainder
- Spouse can elect 50% TIC instead
- Creditor protection: NO value cap, only size (½ acre urban, 160 rural)
- Predeceased beneficiary? → Anti-lapse (if grandparent/descendant of grandparent)
- Ademption (specific gift no longer in estate)?
- Abatement order (intestate → residuary → general → demonstrative → specific)
- Lack of capacity?
- Undue influence?
- Fraud?
- No-contest clause?