Cynthia Crofoot Rignanese, Esquire
Thinking Globally, Practicing Locally in Central Florida Since 1990

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How to Revoke a Prior Will in Florida

When people in Florida pass away they cannot take their possessions with them. Therefore, there are laws in place stating who will receive their possessions after they pass away. However, individuals may want to ensure that certain people receive certain possessions and assets, which may be different from where they would go according to the law. That is why it is very important to draft the appropriate documents to ensure that assets go to where the individual wants them to go.

One effective way of doing this is by creating a will. This is a legal document that states where all of one's possessions should go. There are many different ways that people can distribute their assets and that is why it is important to have a well-drafted will.

People can also draft wills at any point in time in their lives. In many situations people draft Wills when they are relatively young. If people live for many years after an original will is drafted, many things may change in their lives and their wishes may change. Therefore, people can modify wills and also revoke previous wills, which means that they are no longer legally binding.

There are a couple of different ways that a person can revoke a previous will. One is by executing another will later in life and stating in that Will that the person is revoking the previous will. Another is simply by executing a new will or codicil which is inconsistent with the previous will. However, the new will only revokes the inconsistent portions of the previous will. The person can also revoke a previous will by tearing, burning, defacing or destroying the will in some manner with the intent of revoking the will.

Many people in Florida already have drafted wills to direct their assets to the appropriate people upon their death. However, circumstances may have changed since the original will was drafted. These people may now want to revoke the previous will and send the assets to different people. It is important to have the revocation drafted correctly just like the original will and experienced attorneys may be a useful resource.

Source: Florida State Legislature, "Florida Statutes Chapter 732, Part V" accessed on July 5, 2017

Tags: Will Execution