Can You Revoke A Will In Florida?
After drafting a will, you may place it in a safe or another secure storage option and forget about it. However, life is always changing. You or your family members may get married, divorced, and have children or grandchildren. Meanwhile, you may also accumulate more wealth or lose valuable assets, such as a business. When these changes occur, the will you drafted years ago may no longer reflect your current wishes.
If you wish to revoke your will, the Florida Statutes outline specific steps you must take. If you fail to follow the law, family members may fight over multiple versions of your will during probate litigation after you are gone. Below, our Daytona Beach will drafting attorney outlines how to revoke your current document.
Revocation by Writing
Revoking your will in writing is not only one of the most common ways to revoke these legal documents, it is also the method that is most often recommended by attorneys. To do this, you must write a new will that expresses your intent to cancel the older version of the document. To expressly revoke your will with a new document, it is recommended that you include specific language indicating that you are revoking all previous versions of your wills and any codicils you have drafted.
If you draft a new will without explicitly revoking an older version, it may include provisions that contradict the previous will. This scenario can become much more complicated. For example, your new will may state that you are leaving your home to someone else. Without expressly revoking older wills, the old document may only be revoked to the extent of the inconsistency. To avoid the challenges this presents, it is always best to explicitly revoke older versions of your will and all codicils.
Revocation by Physical Act
You can also physically destroy an old will to revoke it. Destroying a will may involve the following:
- Destroying
- Obliterating
- Defacing
- Canceling
- Tearing
- Burning
It is important to note that to revoke a will by physical act you must intend to do so. For example, if your will was burned in a house fire, this would not constitute legally revoking your will.
Revocation by Operation of Law
The law will automatically revoke certain portions of your will when you experience certain life changes. This can occur even if you do not take any action at all to revoke your will. For example, if you write a will and then get a divorce, the courts will treat the case as though your former spouse passed away before you. Therefore, any provisions including your former spouse will not be upheld.
Call Our Will Drafting Attorney in Daytona Beach Today
Revoking a will is not as simple as crossing out the provisions in an old document that no longer reflect your wishes. At Bundza & Rodriguez, our Daytona Beach will drafting attorney can help you revoke your old will and draft a new one so your current wishes are fulfilled and disputes do not arise among your loved ones. Call us today at 386-252-5170 or chat with us online to request a consultation and to get more information.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/Sections/0732.506.html
