In Florida, you can revoke your will by (1) written instructions or (2) physical activity. Regardless of the method of revocation you choose, you must have the intent to revoke the will at the time of the revocation.
Written instructions – The document revoking your will must be a subsequent will, codicil, or other writing executed with the same formalities required for writing a will. See Florida Statute 732.505.
- Subsequent will – In executing a subsequent will (or a subsequent codicil or other writing executed with the formalities of a will), you include a provision in the will that revokes all prior wills and codicils.
- Inconsistency between wills – Executing a subsequent will that is inconsistent with the prior will can cause provisions in the prior will to be ineffective. The provisions in the subsequent will supersedes the prior will, but only to the extent of the inconsistent provisions.
Physical activity – You can intentionally burn, tear, destroy or otherwise obliterate the original will. See Florida Statute 732.506.
Important Notes:
- Revoking a will also revokes all codicils to the will. See Florida Statute 732.509.
- Revoking a will can also be done by another person if the other person revokes the will (1) in the testator’s presence and (2) at the testator’s direction. See Florida Statutes 732.505 and 732.506.
- While you can revoke your will by physically destroying it, this carries risks and needs to be done exactly as Florida Statute 732.506 requires.
- Florida requires strict compliance with Florida statutes for the revocation to be effective. It is important to read the relevant statutes before revoking your will to make sure you comply with them.