Justia Lawyer Rating
Florida Association Women Lawyers
Super Lawyers
Super Lawyers Rising Stars
The Florida Bar
South Palm Beach County Bar Association
Super Lawyers Selected in 2021
ACTFL - Superior Russian Speaking Proficiency
Super Lawyers Selected in 2023

How Do I Revoke My Will?

Revoking a Will is not uncommon. There are a number of reasons why a Will may be revoked, including a change in circumstances or a plan to create a new Will. Regardless of the reasoning, how the Will is revoked is extremely important. If a Will is not properly revoked, it may still end up being probated after the individual passes away.

In Florida, there are two ways to properly revoke a Will.

The first is by creating a new Will, with the required formalities set forth by Florida law, that specifically revokes the original Will. It is recommended you contact an attorney prior to creating a Will to ensure it complies with formalities required under law.

The second way is by destroying the Will with the intent to revoke it. This can be done in a number of ways, but destruction can lead to problems after the individual's passing, especially if their intention regarding the Will's destruction is questionable. Moreover, if the Will was not destroyed in the individual's presence, the revocation may be declared invalid.

If a Will is found to be invalidly revoked, the revoked Will may be established in probate court and the individual's assets will be distributed according to that Will.

If you are looking to revoke your Will, it is likely better to revoke the Will through the creation of a new Will. An experienced estate planning attorney may be able to assist you in creating the new Will, in compliance with Florida statutes, and include proper language to ensure the original Will is revoked. Contact our office today for a consultation.

This article is not intended to be legal advice nor create an attorney-client relationship.

Client Reviews
"I was told by my insurance adjuster that Rina was a fabulous attorney who will fight hard for her clients and he was right. She did an outstanding job communicating with me throughout a stressful negotiation process and I was so happy with the settlement she got for me. Highly recommend the Law Offices of Rina Feld!” Mark L.
I had water damage to the inside of my home and homeowners insurance automatically rejected my claim. After giving up fighting them on my own i contacted Rina and she petsonally discussed options and explained the procedure. After about 4 months my claim was resolved , Rina worked pro bono so did not cost me a penny. I now have new ceilings ! Thoroughly recommended. Christopher D.
Rina is very efficient. She always kept me updated and worked very quickly. She took the time to explain everything thoroughly and made sure that I understood, although my primary language is Spanish. Mariel C.