Using a Separate Writing to Devise Tangible Personal Property

When planning your estate in Florida, one helpful tool available to you is the use of a separate writing to dispose of tangible personal property (“TPP”) not otherwise devised by will. This legal mechanism allows you to make specific gifts of TPP without needing to revise your will every time you wish to change who receives them.

What Is Tangible Personal Property?

TPP generally refers to physical items that you can touch and move, including furniture, jewelry, artwork, personal effects, and vehicles. TPP does not include bank accounts, stocks, bonds, real estate, or property used in a trade or business.

What Is a Separate Writing?

A separate writing is a document referenced in your will that lists specific items of TPP and designates the person you want to receive each item. To be valid under Florida law, the separate writing must:

1. Be referenced in a validly executed will.
2. Be signed by the testator (the person making the will).
3. Describe the items and the intended recipients with reasonable certainty.

Importantly, the separate writing does not need to be executed with the same formalities as a will and may be prepared before or after your will is executed.

This makes it much easier to update as circumstances change. If more than one separate writing exists, to the extent of any conflict among the writings, the provisions of the most recent writing revoke the inconsistent provisions of each prior writing.

Best Practices

1. Sign and date each page of the separate writing.
2. Be specific in describing the item to be devised (i.e., color, model, location) and your relationship to the devisee.
3. If you wish to make changes, it is best to complete a new separate writing and destroy the old version.
4. Keep the most recent version with your original will.
5. Proactively share any updates with your estate planning attorney.

For Florida residents, using a separate writing to dispose of tangible personal property is a smart, flexible estate planning strategy. It allows you to update the testamentary disposition of your TPP without repeated legal formalities and ensures your cherished belongings go to those who will appreciate them most. If you’re drafting or updating your estate plan, work with an estate planning attorney to ensure your will and separate writing is legally effective.