Does A New Will Cancel An Old One?
It has been said that the only constant in life is change. It is true that at some point, your life will inevitably change and when it does, it is also a good time to review your estate plan. Reviewing your estate plan can help you determine if it still reflects your current wishes. If it does not, you may need to update it.
When it comes to wills, you have the option of changing your current document or creating an entirely new one. It is not uncommon for people to think that a new will automatically cancels an old document, but that is not always true. Below, our Daytona Beach will drafting lawyer explains further.
Changing Your Existing Will vs. Drafting a New One
It is not always necessary to draft an entire new will. Instead, it may be possible to add a codicil to your existing will. Codicils are legal documents that change certain portions of a will, whether it is to delete or add provisions. Codicils only affect the part of the will it is changing and soviet is not necessary to revoke the entire document. Still, in most cases, it is recommended that you draft a will that is entirely new instead of using a codicil on your existing document. This is particularly true if you are making significant changes.
Even choosing to draft an entirely new will does not automatically revoke a will that already exists. Due to this, it is important to ensure that the new will does not create problems in the future. Therefore, you must ensure that you properly revoke your old will.
Revoking a Will Through Operation of Law
It is possible to revoke a will through the operation of law but you cannot do this on your own. A will must contain a provision that is considered legally invalid in order for it to be revoked through operation of the law. For example, if you divorced your spouse but forgot to remove them from your will, the law automatically invalidates any term that includes them.
Revoking a Will Through Writing
It is possible to invalidate any portion of your will in writing. However, if you only revoke certain parts of your will, the court will try to reconcile them both. It can be more effective to state in writing that you are revoking your old will entirely. A Daytona Beach will drafting lawyer will know the language to use that will revoke your old will.
Revoking a Will by Act
Certain actions can also revoke a previous will. If you burn, tear, cancel, deface, obliterate, or destroy a previous will with the intention of revoking it, these actions can cancel a former will. Someone else may also do this on your behalf. Electronic versions of older wills can be revoked by deleting, canceling, rendering unreadable, or obliterating the will.
Call Our Will Drafting Lawyer in Daytona Beach Today
If you have a previous will and need to revoke or change it, it is important to seek legal advice. At Bundza & Rodriguez, our Daytona Beach will drafting lawyer can provide it to ensure that your wishes are respected. Call us now at 386-252-5170 or contact us online to schedule a consultation and to get the legal help you need.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html
