Marriage is not a requirement for including someone in your will. In Florida, you have full discretion to name any individual as a beneficiary, whether that person is a romantic partner, close friend, or acquaintance. For those in long-term but unmarried relationships, a properly executed will serves as a critical legal document to secure your partner’s inheritance rights.
Why a will matters for unmarried couples
Without a valid will, Florida’s intestacy laws dictate how your estate is distributed. These laws prioritize spouses and blood relatives—unmarried partners are entirely excluded. Even if you’ve shared a household and life with someone for years, they won’t receive anything by default. A will allows you to designate specific individuals to inherit your property, ensuring your partner’s financial protection.
You can bequeath personal items, bank accounts, or even real estate. However, your will must comply with Florida’s statutory requirements, including proper execution with two witnesses present at the time of signing.
Common mistakes to avoid
It’s easy to assume that jointly held assets or shared property will automatically pass to your partner. However, if assets aren’t titled correctly or lack a clear beneficiary, legal ownership could shift to your next of kin. A comprehensive will helps address any gaps in automatic transfers.
Regularly updating your will is equally important. If your relationship status changes or your partner predeceases you, failing to revise your will may lead to unintended consequences.
Other tools to support your will
A thorough estate plan should include more than just a will. Consider appointing your partner as your agent in a durable power of attorney or health care directive. These documents authorize them to manage financial matters or make medical decisions if you’re incapacitated.
Also review beneficiary designations on life insurance, pensions, and retirement accounts. These assets bypass your will, so keeping them current is essential.
Naming your unmarried partner in your will is fully permissible under Florida law. By creating a legally sound and updated estate plan, you ensure your partner’s role and rights are respected even in your absence.
