Revoking or amending a will or codicil

Question 1

Codicil

Answer 1

a testamentary instrument ancillary to a will that adds to, varies, or revokes provisions in the will

A codicil must be executed with the same formalities as a will. Fla. Stat. § 732.502(5).

A testator can use the self-proof process of Chapter III for a codicil. Fla. Stat. § 732.503

Question 2

What are two means by which a Testator can revoke a will or codicil?

Answer 2

1. By subsequent writing

2. By physical act

Question 3

Revoking or amending a will or codicil

Answer 3

There are two means by which a Testator can revoke a will or codicil

T must have testamentary capacity at the time of the revocation of the amendment

The revocation of a will or a part thereof may be challenged on the grounds that the revocation was procured by fraud, mistake, duress, or undue influence. Fla. Stat. § 732.5165. But not until after Testator is dead. Fla. Stat. § 732.518

Question 4

Express revocation by subsequent writing

Answer 4

Revocation by subsequent writing may be accomplished by any writing not necessarily a will or codicil. Fla. Stat. § 732.505(2).

The subsequent writing must be executed with the same formalities as an original will

The document can use the language “revokes all prior wills;” or “I revoke my will dated August 1, 2011.”

Question 5

Revocation by inconsistent subsequent writing

Answer 5

T’s will might not mention an earlier will but have inconsistent terms in which case, the latter revokes the prior inconsistent terms

This does not revoke the entire will. Fla. Stat. § 732.505(1)

Question 6

Revocation by act

Answer 6

T may physically revoke a will or codicil, Fla. Stat. § 732.506, by burning, tearing, canceling, defacing, obliterating, or destroying it with the intent to do so

T may direct another to do so on his behalf so long as T is present. Fla. Stat. § 732.506

Mere intent to revoke is not enough

Cannot have partial revocation by act in Florida!!! Fla. Stat. § 732.505. Example: Will is valid. If only one disposition in the will is crossed out, the entire will becomes void. This revokes the whole will not just the single disposition.