Estate planning is not a one-time errand. For Palm Beach families, the documents you signed five years ago may no longer reflect your wishes after a wedding on the water, a divorce, or the arrival of a new child. Florida law treats each of these life events differently, so the smartest approach is to compare what actually changes under the statutes and update accordingly.
Marriage: Your Spouse Gains Rights Automatically
Once you marry in Florida, your new spouse acquires legal protections whether or not you update your will. Under Florida’s elective share law (Fla. Stat. §732.2065 and following), a surviving spouse can claim 30% of the elective estate even if your documents leave them out. A spouse omitted from a will signed before the marriage may also take an intestate share as a “pretermitted spouse” under §732.301.
Florida homestead rules (Article X, §4 of the state constitution) add another layer for Palm Beach homeowners: you generally cannot freely devise your homestead away from a surviving spouse or minor children. Comparing a simple will update against a revocable trust is worth doing here, because trust planning can coordinate homestead protections with the rest of your estate.
Divorce: Some Provisions Are Voided, Others Are Not
Florida automatically revokes gifts to a former spouse in your will after divorce under §732.507, and §732.703 voids most beneficiary designations naming a former spouse on assets like life insurance and retirement accounts. That sounds protective, but the law has gaps. If you want your ex to remain a beneficiary, or you want to redirect those assets to your children, you must affirmatively update the documents.
Equally important: divorce does not revoke a former spouse’s authority under a durable power of attorney (Ch. 709) or a health care surrogate designation by itself in every situation. Comparing the certainty of signing fresh documents against relying on automatic revocation, fresh documents win every time.
A New Child: Guardianship Is the Priority
For new parents in Palm Beach County, naming a guardian for a minor child is the single most valuable update. Florida courts decide guardianship if you do not, and they will not know your preferences without a written nomination, typically made in your will under §744. A child born after a will is signed may also qualify as a “pretermitted child” under §732.302 and take a share, which can disrupt your intended distribution.
Will Update vs. Trust Update: Which Path?
When comparing your options after a life change, a will amendment (called a codicil) is simple but still requires the same two-witness, notarized formalities as the original will under §732.502. A revocable trust amendment keeps assets out of probate and lets you set staggered distributions for young children, which many Palm Beach families prefer when minors are involved. For straightforward changes, updating beneficiary forms and a codicil may be enough; for blended families or sizable estates, refreshing a trust is often the better fit.
A Practical Timeline
Aim to review your plan within 90 days of a marriage, divorce, or birth. Florida has no state estate or inheritance tax, so updates are driven by family and control concerns rather than state death taxes, which keeps the process focused.
This article is general information, not legal advice. Florida’s homestead, elective share, and revocation rules interact in ways that depend on your specific situation. Before relying on automatic statutory protections or making changes yourself, consult a licensed Florida estate planning attorney serving the Palm Beach area.
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For more on our Florida practice, see our overview of powers of attorney in Florida. Morgan Legal Group's affiliated New York office also handles .
