Does a New Will Void an Old One?

The only constant in life is change. Adjusting to these changes throughout your lifetime is important, and that includes updating your will. It is important to update your will after any major life event, such as a birth or divorce. You can use a codicil to change your will, or you may want to draft an entirely new document. Creating a new will is oftentimes the recommended option, but it can result in certain complications. Below, our New Port Richey wills lawyer explains further.

Using a Codicil vs. Drafting a New Will 

A codicil is a legal document used to change certain portions of your original will. You can use a codicil to delete parts of your will, or add to it and it will not revoke the other portions of the original will. It is usually recommended that instead of using a codicil, you simply create an entirely new will. Even after creating a new will, it is important to note that your old will is not automatically revoked. In fact, if your new will is inconsistent with your old will, it can create additional problems in the future if there are parts of it you no longer want to apply.

Revoking a Will Through Operation of Law 

You can revoke your will through the operation of law, but you cannot do it on your own. To revoke a will through operation of law, it must contain an unlawful provision. For example, if you got divorced but your former spouse was still included in your will, the law would automatically invalidate any provisions in your will that named them.

Revoking a Will in Writing 

You can also revoke any portion of your will in writing. If you do not revoke the entire document but instead, only certain portions of it, the court will attempt to reconcile both of them. On the other hand, if you put it in writing that a new will revokes the entire old will, this can be a strategy that is more effective. Our New Port Richey wills lawyer can include the appropriate language to ensure that your current wishes are fulfilled.

Revoking a Will by Actions 

Certain actions can also revoke a will. If you tear, burn, deface, destroy, or obliterate an old will with the intention of revoking it, this may be enough to invalid your old will. Electronic copies of wills can be revoked if you or someone acting on your behalf cancels, deletes, obliterates, or renders the document unreadable.

Our Wills Lawyer in New Port Richey Can Help with Your Case 

There are times when you may have to create a new will, but you should not do it on your own. At Messina Law Group, P.A., our New Port Richey wills lawyer can help you draft a new document and ensure that it is executed properly so the courts will approve it. Call us today at (813) 492-7798 or fill out our online form to request a consultation and to get the legal help you need.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html