Full question:
My Father made a Will in 1980 but later signed a written revocation. In 1990 he made what is called a codicil which I understand is a change to the Will and made reference to the 1980 Will in the codicil. Did the codicil make the 1980 will valid even though it had been revoked. We are in Florida.
- Category: Wills and Estates
- Subcategory: Revival
- Date:
- State: Florida
Answer:
The answer could be yes. Under the Florida Probate Code, if a codicil refers to a previous Will it has the effect of republishing the Will. Also even is a Will was revoked a codicil republishing it will revive the 1980 Will.In this case if the wording was property, the codicil republished the 1980 Will.
The relevant code sections are below.
732.5105 Republication of wills by codicil.—The execution of a codicil referring to a previous will has the effect of republishing the will as modified by the codicil.
732.511 Republication of wills by reexecution.—If a will has been revoked or if it is invalid for any other reason, it may be republished and made valid by its reexecution or the execution of a codicil republishing it with the formalities required by this law for the execution of wills.
732.511 Republication of wills by reexecution.—If a will has been revoked or if it is invalid for any other reason, it may be republished and made valid by its reexecution or the execution of a codicil republishing it with the formalities required by this law for the execution of wills.
Reference:
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
