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Outlining the process of revoking a will

Whenever you hear news of an estate dispute in Miami, oftentimes the central issue in such cases is the validity of one will over another. We here at The Law Offices of Frye and Vazquez, P.L. can attest to the fact that such disputes can often be avoided by you being as transparent as possible during the estate planning process. Say that you have followed the advice of estate planning experts and created a will early on in your adult life. Changes in your relationship status, career, or even your political and social leanings may prompt you to create a new one later on. How can you ensure that your beneficiaries understand that your subsequent will reflects your true wishes?

According to the Florida Probate Code, a subsequent will that expressly revokes all of the terms of an initial one is sufficient to prove revocation. So too is a subsequent will that does not expressly revoke the earlier will, but whose language is inconsistent with the earlier will’s terms. However, the extent to which the second will revokes the terms of the first in such a case is limited to those areas where there are inconsistencies.

Going back to the issue of transparency, if you truly wish that all of your beneficiaries understand that your subsequent will is the one you deem valid, you can also revoke your earlier will be action. That can be done by you (or another person who you have authorized to do so) destroying the will in your presence through any of the following actions:

  •          Burning
  •          Tearing
  •          Defacing
  •          Destroying
  •          Obliterating

While some may view such actions as being overly dramatic, they may leave little doubt as to your true intent.

You can discover more information about managing your will by continuing to explore our site. 

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