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Wills, Trusts & Estates Flashcards

7 cards from real FL BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

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

    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.

  2. How many witnesses are required for a valid will execution under Florida Statutes §732.502?

    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.

  3. Which type of will does Florida NOT recognize as valid?

    Answer: Holographic wills

    Florida does not recognize holographic (handwritten, unwitnessed) wills; all wills must meet the formal witness requirements of §732.502.

  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:

    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.

  5. What percentage of the elective estate may a surviving spouse claim as an elective share under Florida Statutes §732.2065?

    Answer: 30%

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

  6. Under Florida law, which of the following is a valid method of revoking a will?

    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.

  7. Under Florida's pretermitted child statute (§732.302), a child born after the execution of a will is entitled to:

    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.