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.