Call Us Today
Trusted Will Lawyers Guiding Jacksonville Families

At Berg Bryant Elder Law Group, we provide personalized will drafting and review services, helping you name guardians, distribute assets, and prevent family disputes. With deep experience in Florida estate law, our attorneys bring clarity to every plan. Your loved ones are protected long after you’re gone with a will lawyer in Jacksonville who helps ensure every detail of your estate is handled the way you intend.

Every adult needs a will, regardless of age or wealth. Without this crucial document, Florida law—not you—decides who receives your assets, who raises your children, and who handles your final affairs. Creating a will with the guidance of a Jacksonville FL will attorney gives you control over these important decisions and provides your family with clear guidance during a difficult time.

At Berg Bryant Elder Law Group, our Jacksonville will attorneys help families throughout Northeast Florida create clear, legally sound wills that protect their loved ones and honor their wishes.

A well-crafted will reflects your values and protects the people you love.

Schedule Your Consultation Now

What’s a Last Will and Testament?

A last will and testament is a legal document that directs how your property and assets should be distributed after your death. In Florida, the terms “will” and “testament” mean the same thing and are often used together.

When you create a will, you (the “testator”) are essentially leaving instructions for:

  • Who should receive your property
  • Who should care for your minor children
  • Who should manage your estate (your “personal representative” or executor)
  • How to handle any special requests or arrangements

A will only takes effect after your death and must go through the probate process, which is the court-supervised administration of your estate. During probate, your personal representative collects your assets, pays any debts or taxes, and distributes your remaining property according to your will.

The Basic Elements of a Will

In Florida, a valid will must meet specific legal requirements:

  1. Written Document: Your will must be in writing (typed or printed, not handwritten in Florida)
  2. Signature: You must sign your will at the end of the document
  3. Witnesses: Two witnesses must observe you signing your will and must also sign the document
  4. Sound Mind: You must be of sound mind when creating your will
  5. Legal Adult: You must be at least 18 years old

Beyond these basic requirements, a comprehensive will typically includes:

  • Personal Representative: Names the person responsible for carrying out your wishes
  • Guardianship: Designates who will care for your minor children
  • Asset Distribution: Details how your property should be distributed
  • Special Instructions: Includes any specific requests or provisions

When properly executed, your will ensures your final wishes are respected and provides a roadmap for your loved ones during a difficult time.

Areas Served

Duval County

  • Jacksonville
  • Atlantic Beach
  • Jacksonville Beach
  • Neptune Beach
  • Baldwin

Clay County

  • Green Cove Springs
  • Orange Park
  • Middleburg
  • Lakeside
  • Fleming Island
  • Oakleaf Plantation
  • Bellair-Meadowbrook Terrace
  • Keystone Heights
  • Penney Farms

St. Johns County

  • St. Augustine
  • Hastings
  • Vilano Beach
  • St. Augustine Beach
  • Ponte Vedra / Ponte Vedra Beach
  • Fruit Cove
  • Palm Valley
  • Nocatee
  • World Golf Village
  • St. Augustine Shores
  • St. Augustine South
  • Sawgrass

Why Every Florida Adult Needs a Will

Many people delay creating a will, thinking they’re too young, don’t own enough assets, or have plenty of time. The reality is that unexpected events happen, and having a will provides crucial protection for your family. Here’s why a will is essential:

Protecting Your Children

If you have minor children, a will allows you to name their guardian. Without this designation, a court will decide who raises your children—a decision that might not align with your wishes.

Distributing Your Assets

A will specifies who receives your property and personal belongings. Without a will, Florida’s intestacy laws determine how your assets are distributed, which may not reflect your wishes.

Naming a Personal Representative

Your will designates who will manage your estate. This person will gather your assets, pay debts, and distribute property according to your will. Choosing someone you trust ensures your wishes are carried out properly.

Minimizing Family Conflicts

Clear instructions in your will can prevent disagreements among family members during an already stressful time. Without guidance, conflicts over possessions—even those with more sentimental than monetary value—can damage family relationships.

Supporting Charitable Causes

A will allows you to leave a legacy by supporting causes important to you. You can designate specific assets or a percentage of your estate to charitable organizations.

We take the time to learn about your unique situation and craft a will that addresses your specific concerns and goals.

Types of Wills in Florida

Depending on your situation, different types of wills might be appropriate:

Simple Will

A basic will that outlines your wishes for property distribution, names a personal representative, and designates guardians for minor children. This type of will works well for many people with straightforward estates.

Pour-Over Will

Works in conjunction with a revocable living trust. This type of will “catches” any assets not already transferred to your trust during your lifetime and “pours” them into the trust upon your death.

Testamentary Trust Will

Creates one or more trusts that take effect upon your death. This type of will is useful for providing ongoing management of assets for minor children, beneficiaries with special needs, or other specific situations.

Holographic and Nuncupative Wills

Florida does not recognize unwitnessed handwritten (holographic) or oral (nuncupative) wills. Your will must be in writing. Handwritten wills are permissible in Florida if they meet all execution requirements (signed and properly witnessed).

Our Florida Board Certified Elder Law Attorneys take the time to create a will that truly reflects your wishes while ensuring it meets all legal requirements.

Jacksonville Office (Main)
Orange Park Office
St. Augustine Office

Create Your Will Today

At Berg Bryant Elder Law Group, our Florida Board Certified Elder Law Attorneys create customized wills for families throughout Northeast Florida, including Jacksonville, Orange Park, St. Augustine, and surrounding communities.

Don’t leave your family’s future to chance. Contact us today to schedule a consultation and take the first step toward protecting your legacy with a professionally drafted will.

Frequently Asked Questions

What happens if I die without a will in Florida?

If you die without a will (intestate), Florida law determines who receives your assets through a predetermined formula. Your spouse and children typically receive specific percentages, which may not match your wishes. If you have no spouse or children, assets go to parents, siblings, or more distant relatives. Without a will, you also lose the ability to name guardians for minor children or select your personal representative.

Can I just write my own will or use an online form?

While DIY options exist, they often fail to address Florida-specific requirements or your unique situation. Common problems include improper witnessing, unclear language, or missing provisions. These mistakes frequently lead to family conflicts, unnecessary costs, and even invalidation of the will. The small investment in professional will preparation provides peace of mind that your wishes will be honored.

How often should I update my will?

Review your will after major life events such as marriages, divorces, births, deaths, significant asset changes, or moves to a new state. Even without these events, we recommend reviewing your will every 3-5 years, as laws change and your wishes may evolve over time.

What's the difference between a will and a living will?

Despite the similar names, these documents serve different purposes. A will directs asset distribution after death, while a living will (part of an advance healthcare directive) outlines your medical treatment preferences if you become unable to communicate. Both documents are important parts of a complete estate plan.

Can I disinherit someone in my will?

In Florida, you can generally disinherit children and other relatives, but state law provides certain protections for spouses. These include homestead rights, elective share, family allowance, and exempt property. Our attorneys can explain these provisions and help you create a will that accurately reflects your wishes while complying with Florida law.

Serving clients throughout Duval, St. Johns, Clay, and Nassau Counties including Jacksonville, Jacksonville Beach, Neptune Beach, Atlantic Beach, Ponte Vedra Beach, Orange Park, Fleming Island, St. Augustine, and surrounding areas.

Jacksonville Office (Main)
  • 7545 Centurion Parkway, Suite 108
    Jacksonville, FL 32256
    Monday-Friday: 8:30 AM - 5:00 PM
    Get Direction
Orange Park Office
  • 1929 Park Avenue
    Orange Park, FL 32073
    Monday-Friday: 8:30 AM - 5:00 PM
    Get Direction
St. Augustine Office
  • 145 Land Grant Ste 6
    St. Augustine, FL 32092
    Monday-Friday: 8:30 AM - 5:00 PM
    Get Direction