Is it Possible to Revoke a Will in Florida?
After you have written a will, you may store it in a secure place and forget about it. Over time, though, your situation may change. You may welcome new children into the family, you or loved ones may get married or divorced, or people you included in your will may pass away before you. In addition, you may accumulate more wealth or acquire more assets. All of these changes impact your will and the document may no longer reflect your circumstances or your preferences.
When people need to make changes to their will, they often wonder if they should add a codicil to amend the document, or create a new will entirely. Often, revoking a previous will and creating an entirely new one is often preferred because it can avoid confusion and consolidate one’s wishes into a single document. If you wish to revoke a previous will, you do have many options. Below, our New Port Richey wills attorney explains what these are.
Revoking a Previous Will in Writing
One of the most common ways to revoke a previous will is to do so in writing. It is also the option that is most recommended by attorneys. To revoke a will in writing, you must first draft a new document. In addition to distributing property and naming a guardian for minor children, the document should also state that it revokes all previous versions of your will. It is important to use specific language that revokes all previous versions as well as any codicils.
If you do not revoke an older version of the will, the provisions contained in the new document may contradict an older version. The situation can also become much more complex. For example, the older document may only be evoked to the extent of the inconsistency.
Revoking a Will by a Physical Act
You can also revoke a previous will by physically destroying it. This can involve burning, tearing, defacing, obliterating, or otherwise destroying the older version. You must have the intent to physically destroy an older will. For example, if a previous version of your will was destroyed in a house fire, this does not constitute revoking your will.
Revoking a Will by Operation of the Law
If you experience specific life changes, certain provisions of your will are automatically revoked. For example, if you get a divorce, the probate courts will treat your will as though your former spouse passed away before you. Any provisions in your will that named your former spouse will be rendered void.
Our Wills Attorney in New Port Richey Can Help
If your circumstances have changed and you need a new will, our New Port Richey wills attorney at Messina Law Group, P.A. can help. We can draft a new document that specifically outlines your wishes and ensure all previous versions are properly revoked so you have the protection you need. Call us now at (813) 492-7798 or contact us online to request a consultation and to learn more about how we can help.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html
