Florida Wills: Revocation

In Jacksonville and throughout the state of Florida a will can be revoked only in specific ways. If you want to make sure your will is revoked properly, you should have Florida Estate Planning Attorney or Jacksonville Estate planning lawyer help revoke your Florida Will properly. Often we see individuals who try to change the test or cross off paragraphs of their will. This can cause problems and unintended results. To prevent these types of issues you might consider a separate writing memorandum at authorized under Florida Statutes, Section 732.515. Follow this link to read more on Separate Writing memorandums.

1) Revocation by Writing: A Florida Will or Florida Codicil, or any part of either is revoked by a later inconsistent will or codicil, even though the subsequent will or codicil does not expressly revoke all previous wills or codicils. Such a revocation only extends to inconsistency.

By a subsequent will, codicil, or other writing that declares the revocation and is executed with the same formalities as required for the execution of a will (Florida Statutes, Section 732.505).

2) Revocation by Act: A Florida Will or Florida codicil is revoked if the writer of the will burns, tears, cancels, defaces, obliterating, or destroys the will with the intent and purpose of revocation. If Florida the testator can do the act, or in their presence have another individual do the act for them.(Florida Statutes, Section 732.506)

Note: Under Florida Statutes, Section 732.509 When a will is properly revoked, it revokes all codicils to that will.