Do you know how revoke your will? This may sound like a simple process but failure to adhere to Florida law could leave you dying intestate so listen up and learn those rules. Check out this quick reference guide to whether or not you validly revoked all or part of your will in West Palm Beach.
Will Revocation Generally
- A person with testamentary capacity may revoke his will at any time prior to death.
- A will may be revoked by operation of law, subsequent instrument or by physical act.
- Even a will that the testator has contractually agreed not to revoke may be revoked but the beneficiaries may have a breach of contract action against the estate.
- You may see a Florida court imposing a constructive trust in this instance.
Revocation by Operation of Law
- If you get married after you execute your Last Will then the new wife is a pretermitted spouse (heir) and they will get an intestate share of the estate unless a valid prenuptial or ante nuptial agreement says to the contrary.
- This wont apply if you expressly disinherit the wife or gave her gifts in contemplation of marriage in the will because the Court assumes you would have taken the time to give her something there but chose not to.
- Remember this does not mean that they are not entitled to an elective share.
- A divorce also will invalidate all provisions relating to the spouse divorced.
- The pretermitted rules also apply to children born after the will.
Revocation by Written Instrument
- You can also revoke through a will or codicil that revokes your prior wills.
- If the revocation is not express then it assumes only the parts that conflict will be revoked from the older instruments.
Revocation by Act
- This is the part most people do not know you cannot revoke part of a will by a physical act in Florida.
- Also in order to revoke you must physically destroy the will and have the intent to do so, and accidental burning does nothing to it.
- If you want to revoke with a physical act you have to do it yourself or someone can do it in your presence, calling your attorney and hearing the tearing is not sufficient in West Palm Beach.