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Florida Codicils and Wills

Uncategorized Jul 10, 2016
post about Florida Codicils and Wills

What is a Florida codicil? When is a codicil valid? How is a codicil different than a will? Do I need an estate planning attorney West Palm Beach to help me amend my Florida will? You may want to read Florida Statute 732.502.

Valid Florida Codicils

  • Most people know what Florida wills and trusts are.
  • However, you may not know what a codicil is.
  • What is a codicil?
  • When do codicils come into play in Florida probate litigation?
  • A codicil is an amendment to a will.
  • You might be changing something in a will such as who is going to be the executor orpersonal representative of your Florida estate.
  • Or you may be changing dispositive provisions.
  • What is a dispositive provision?
  • For example, you may be changing who receives an inheritance from your Palm Beach estate.
  • Codicils are testimentory writings that are supplementary to an earlier testimentary writing.
  • They must be executed with the SAME formalities required in the making of a will.
  • What does this mean?
  • If you ask your probate lawyer Boca Raton, he’ll tell you that a codicil needs to be signed at the end by the person whose will it is, and signed by two witneses that are physically present.
  • Generally, there is a notary clause or self proving affidativ that establishes who was there and that they all signed in the presence of one another.
  • These are technical aspects of wills and codicils that are very important.
  • Why?
  • Most Florida probate law firms know that beneficiaries, who are disinherited from a will, frequently attack that will in a will contest in probate court West Palm Beach.
  • In will contest litigation, the formalities of the execution of the will in question is very important.
  • Did the formalities of the execution comply with Florida law?
  • Your probate law firm Palm Beach Gardens will want to know.
  • Therefore, if you are going to change your Florida trust or will, get a qualified estate planning attorney Palm Beach to assist you.
  • Don’t do it alone!
  • To learn more about the proper execution of a will or codicil, click here to read Florida Statute 732.502.

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