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If the will is revoked, does it revoke the codicil as well in Florida?

If the will is revoked, does it revoke the codicil as well in Florida?

Q: What is an example of a revocation clause?

A revocation clause is a statement in a will that explicitly revokes any previous wills or codicils. For example, a revocation clause might read: 'I hereby revoke all prior wills and codicils made by me.' This clause ensures that the testator's intentions are clear and that only the most recent document is valid.

Q: What is the revocation clause of a will?

The revocation clause of a will is a specific provision that states the testator's intention to cancel any prior wills or codicils. It typically includes language that explicitly revokes all previous documents. This clause is important to prevent confusion and ensure that only the latest will is considered valid.

Q: What invalidates a codicil?

A codicil can be invalidated if it does not meet the legal requirements for execution, such as being signed and witnessed properly. Additionally, if the underlying will is revoked, any associated codicils are also automatically invalidated. Changes in the testator's mental capacity or coercion can also render a codicil invalid.

Full question:

My mom made a will but later she revoked it. There were two codicil made with regard to that will. If the will is revoked, does it revoke the codicil as well? Does my mom need to revoke the codicil as well?

Category: Wills and Estates
Subcategory: Codicils
Date: 04/07/2025
State: Florida

Answer:

Per the law prevailing in Florida, if the will is revoked, it will revoke all codicils attached to that will. The relevant statutory provision in this regard is stated below.
Fla. Stat. § 732.509 reads:
“Revocation of codicil.
The revocation of a will revokes all codicils to that will.”

Thus, your mother need not revoke the codicil separately. Revocation of her will will revoke the codicil to that will as well.

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.

FAQs

Can a codicil revoke a will?

No, a codicil cannot revoke a will. Instead, a codicil is an amendment that modifies specific provisions of an existing will. It must be executed with the same formalities as a will to be valid. If a will is revoked, any codicils associated with it are also automatically revoked. Therefore, if you want to change a will, you can create a codicil, but it does not have the power to revoke the will itself.

In what three ways can a will be revoked?

A will can be revoked in three primary ways: 1) by creating a new will that explicitly states the previous will is revoked, 2) by physically destroying the will with the intent to revoke it, or 3) by executing a formal revocation document that follows the legal requirements. In Florida, revoking a will also revokes any associated codicils automatically.

What is an example of a revocation clause?

What is the revocation clause of a will?

What invalidates a codicil?

What forces a revocation of a will?

A revocation of a will can be forced by the creation of a new will that explicitly revokes the previous one, or by the physical destruction of the will by the testator. Additionally, if the testator marries or divorces, certain states may automatically revoke a will. In Florida, revoking a will also cancels any associated codicils.