REVOCATION

Question 1

What are the main ways a will may be revoked?

Answer 1

operation of law, physical act, or subsequent instrument

Question 2

How can a testator revoke a will by physical act?

Answer 2

(1) burning, tearing, cancelling, defacing, or destroying the will; (2) with the intent to revoke at the time of the act; and (3) revocation cannot be partial

Question 3

What are presumptions of revocation?

Answer 3

(1) A will in testator’s possession found mutilated after testator’s death = rebuttable presumption that Testator acted with intent to revoke;
(2) will was last in testator’s possession and is not found after his death = presumed testator destroyed the will with intent to revoke

Question 4

How can a will be revoked by a subsequent writing in Florida?

Answer 4

(1) a writing saying “I revoke my will” with compliance with will formalities; or (2) executing a valid later will expressly revoking the earlier will (i.e. this is my will and I hereby revoke all earlier wills)

Question 5

When does revocation by operation of law occur?

Answer 5

subsequent divorce, marriage, annulment, or birth/ adoption of children

Question 6

What does subsequent divorce/ annulment revoke?

Answer 6

all provisions in the will in favor of the former spouse; we will act as if the former spouse predeceased the testator

Question 7

Does Florida recognize the revival of revoked wills?

Answer 7

In FL, once a will is revoked by a later will; it cannot be revived unless (1) it is re-executed with the formalities; or (2) republished by executing a codicil to the will
-destroying the later will WILL not revive the original will

Question 8

What is the effect of revoking a codicil?

Answer 8

It does not revoke the underlying will; but revoking a will revokes all codicils to that will

Question 9

A list disposing of tangible personal property is valid if:

Answer 9

(1) is signed by the testator; (2) describes items and devisees with reasonable certainty; (3) may be prepared before or after will execution; and (4) may be altered by the testator after initially being prepared

Question 10

What are the elements to incorporate a document into a will by reference?

Answer 10

(1) the writing exists at time of execution; (2) it is sufficiently described in the will; and (3) will manifests an intent to incorporate the document
- EXCEPTION: List disposing of tangible personal property