The Law Offices of Adrian Philip Thomas

Revocation of Will

A Look at the Requirements of Will Revocation by Physical Act

Flush It Down the Toilet!

The Law

Florida is one of several states that have a strict requirement for revocation of a person’s Will. Florida law allows a person to revoke their will by either written instructions, or by physical act. For revocation by writing, the document must be a subsequent Will, codicil, or other writing executed with the same formalities required for the original Will (signed at the end and witnessed.) See Fla.Stat. §732.505.

Florida Statutes section 732.506 sets forth the requirements for revocation by act:

“A will or codicil is revoked by the testator, or some other person in the testator’s presence and at the testator’s direction, by burning, tearing, canceling, defacing, obliterating, or destroying it with the intent, and for the purpose of revocation.” Read the rest of this entry

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