Legalities Surrounding Revoked Wills

When a will has been changed or revoked, uncertainty can enter the estate distribution process. Throughout Florida, disputes involving revoked wills are a common cause of estate litigation. Have a conversation with a Pompano Beach estate litigation lawyer about what a revoked will is, when a document is enforceable, and how to protect your rights.

When Is a Revoked Will?

A revoked will is one that has been intentionally canceled, replaced, or rendered legally invalid by the person who created it (the testator). Revocation can happen in several ways:

• By a later will or codicil that expressly revokes the earlier document or contains terms that conflict with it.
• A physical act, such as burning, tearing, or destroying the will with the intent to revoke it.
• An operation of law, such as divorce or remarriage, which may automatically change how property is distributed.

When a will is revoked, it no longer has legal force. But problems can arise if there are questions about whether the revocation was intentional, properly executed, or even valid.

If more than one will exists, the enforceable document is typically the most recent valid will that meets all of Florida’s legal requirements and has not been revoked. That means it must be in writing, be signed by the testator (or by someone at their direction), and be witnessed by two competent individuals, who also sign the document in the testator’s presence

Should multiple versions of a will be found, probate courts will examine the language and dates to determine which reflects the testator’s final intent. A later will that explicitly states it revokes all prior wills will usually control. However, if the later document is incomplete, improperly executed, or later destroyed, earlier versions may still come into play. These situations often lead to legal disputes among heirs and beneficiaries.

For example, if a loved one drafts a new will but never signs it, or if the signed copy cannot be located, family members may argue over whether the prior will or intestate laws (Florida’s default inheritance rules) apply. In other cases, allegations of fraud, undue influence, or mental incapacity can cast doubt on the validity of a revoked or replacement will.

Who Can Address My Concerns?

Questions about revoked wills can quickly become complex and emotionally charged. If you suspect that a will was wrongfully revoked, destroyed, or altered, speak with an experienced Pompano Beach estate litigation lawyer as soon as possible.

An attorney can help you determine which will is legally enforceable. Legal professionals are also able to investigate whether the revocation was intentional and represent your interests in probate court if a dispute arises.

Has an older will complicated an estate you are involved in? Revoked wills often lead to confusion, but you don’t have to navigate the legalities alone. With the guidance of the skilled attorneys at Mark R. Manceri, P.A., you can ensure that the proper document is honored and that your loved one’s final wishes are respected. Schedule a confidential consultation today.