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Palm Beach Estate Planning Attorneys– are your revocation clauses conditional?

Uncategorized May 29, 2014

There are many great estate planning attorneys in Palm Beach and from Jupiter to Boca Raton.  Many write or “draft” Florida wills & revocable trusts for wealthy clients.   Many Palm Beach estate planning attorneys, indeed their clients, know who is going to file a will contest in the Palm Beach probate court.  Here’s something from a probate litigation perspective to consider:  Q:  Do you insert language in your wills and trusts which make the revocation clause conditional— to deal with potential will challenges and the doctrine of dependent relative revocation?  …… like “I hereby revoke all prior wills conditionally.   The revocation of all my prior wills is conditioned upon this will being valid.  Should this will be held to be invalid by a court of competent jurisdiction, then I intend to have my prior will or wills “revived” and given effect according to law.  It is not my intent to die without a will or to die intestate.”