Pompano Beach Revoked Will Lawyer
It’s not unusual for a person to make a will and then later wish to make changes. In some case, the testator may want to cancel the will entirely and start over with a new one. Florida law does allow wills to be revoked, but if the revocation is not done correctly, the will may still be valid, creating confusion and calling into question the validity of any later-made will. Pompano Beach revoked will lawyer Mark R. Manceri is a recognized expert in probate litigation and the resolution of issues surrounding revoked wills. Call Mark R. Manceri, P.A. for help with any revoked will issue concerning a Broward County estate.
Revoking a will in Florida
Florida law recognizes two different methods for revoking a will – revocation by writing and revocation by act:
Revocation by writing – According to Florida Statutes 732.505, a subsequent will or codicil can explicitly revoke a prior will, so long as that will or codicil meets all the requirements for a valid will under Florida law. Also, even if a subsequent will does not expressly revoke a prior will, if it is inconsistent with the terms of an earlier will, it will revoke those inconsistent provisions of the earlier will, but not necessarily the entire will.
Revocation by act – Under Florida Statutes 732.506, a will can be revoked “by burning, tearing, canceling, defacing, obliterating, or destroying it with the intent, and for the purpose, of revocation.” This act can be accomplished by the testator or by another person at the testator’s direction and in the presence of the testator.
Other Florida will revocation issues
Sometimes a life event may occur which produces a spouse, child or other heir who is not provided for in the will. A subsequent marriage, birth or adoption does not revoke a will, but it does set up complex situations with the omitted heir, who may challenge the validity of the will or otherwise be entitled to a share in the estate. In the case of divorce, dissolution or annulment, any provision in the will providing for or affecting that former spouse becomes void, although the rest of the will remains intact and is not revoked.
If a will is revoked by a new will, and that new will is later revoked, the prior will is not revived. In such a situation, there may simply be no will to probate, which often creates problems and litigation among heirs who would have fared better under a will than under Florida intestacy laws. Will contests and challenges can become especially complex if one or more wills are revoked but not destroyed, leading to the existence of multiple wills which may be offered into probate by different heirs or beneficiaries.
A will that was revoked can be republished through a new will or codicil that meets the formalities and legal requirements for a valid will under Florida law.
Help with Revoked Wills in Pompano Beach and Broward County
Revoking a will is not as simple as one might think, and actions taken improperly can lead to confusion and ambiguity requiring litigation to sort out. To protect your rights and interests in issues surrounding will revocation of a Broward County estate, contact Mark R. Manceri, P.A. for help from an experienced and successful Pompano Beach estates litigation lawyer recognized as an expert in the field by The Florida Bar Board of Legal Specialization.