Do I Need to Declare My Old Will Null and Void When Writing a New One?
A survey from Gallup found that fewer than half of American adults have a valid will. That may understate the estate planning gap. Some people who do have a will have a document that is seriously out of date. If you are ready to revise your will, you may be wondering: How do I cancel my old will when rewriting it? It is a good question because you want to be sure to avoid any confusion. Here, our St. Petersburg estate planning lawyer highlights the key points to know about changing your will in Florida.
Good News: Writing a New Will Automatically Revokes the Old One
In Florida, it is easy to create a new will even if you already have a previous will in place. Under state law, creating a valid new will generally revokes any prior wills. In other words, you are not legally required to file paperwork to void the old one. As long as the new will meets Florida’s formal requirements, the old one is automatically replaced. The requirements include:
- Being written;
- Signed by the creator; and
- Observed by two witnesses.
With that being said, issues can arise if the language in the new will is unclear about your intent to revoke earlier versions. To prevent disputes, it is a best practice to include a clear revocation clause stating that all previous wills and codicils are revoked. You do not want there to be any confusion.
You Should Clearly and Explicitly Revoke Your Old Will (Steps to Take)
Even though Florida law recognizes implied revocation, you should explicitly declare your old will null and void. Doing so avoids potential legal confusion if your family discovers multiple wills after your passing. A properly worded revocation clause leaves no doubt about your intentions. You can also take additional steps to ensure your wishes are honored:
- Add a clear revocation clause at the beginning of the new will.
- Destroy the old will by physically shredding or marking it as void.
- Inform your executor and trusted family members about the new will.
- Store your updated will in a secure and accessible location.
The Bottom Line: When you create a new will in Florida, your old will is revoked. However, there can sometimes be confusion over which will is the “new” will. You do not want any issue like that to arise as it could cause big problems. The best practice is to explicitly revoke your old will in writing.
Contact Our St. Petersburg, FL Estate Planning Attorney Today
At Fisher & Wilsey, P.A., our St. Petersburg estate planning lawyer has the professional skills and that you can trust when it matters most. If you have any questions about revising a will, we are here to help. Contact us today for your fully confidential, no obligation initial case review. With a legal office in St. Petersburg, we serve communities throughout the region in Florida.
Source:
news.gallup.com/poll/351500/how-many-americans-have-will.aspx
