Florida Revocation of Will

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Multi-State
Control #:
US-0484BG
Format:
Word; 
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Description

A revocation typically occurs when someone wishes to extinguish an old will due to a change in beneficiaries. Such circumstances typically occur after a divorce, remarriage, or similar change in situation. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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FAQ

Revoke a Will by Writing You cannot partially revoke a Will in Florida. But you can revoke a Will by writing a new inconsistent version or by adding a codicil. A codicil amends your existing will, replacing outdated lists of property or beneficiaries, while keeping the remainder of the document intact.

Courts May Only Invalidate a Will Under Certain Circumstances. While a will can be declared void if it was procured by fraud, duress, or undue influence, a mistake in the drafting or execution of a will may not be grounds to invalidate the entire document.

Under Florida Probate Rule 5.400, the petition for discharge must contain: A statement that the personal representative has fully administered the estate. All claims of creditors have been paid, settled or otherwise disposed.

A Florida Probate Appeal may be your only way to get justice if you just lost on an important issue. In some instances, you MUST appeal a probate order within 30 days.

One of the most common ways of avoiding probate is to establish a living trust. Any assets you own, whether real estate, bank accounts, cars, or personal items, can be put into a living trust. A living trust resembles a will, appointing a trustee to take over on your death.

A revocation is lawful only when the intention of the testator is clear. It may be either express intent or implied but the act of revocation must be consistent with the intent. A document called codicil is used by testators to revoke a will. It can be used to partly or wholly amend a will too.

Stat, section 733.109- Revocation of probate, an interested party can initiate a proceeding to revoke probate by filing a petition with the court having jurisdiction over the administration. This would the court that admitted the will to probate and issued the letters of administration to the personal representative.

A Petition to Revoke Probate is filed with the probate court. It is ?served? on all interested persons. It identifies who is seeking help from the court, called the Petitioner. This Petition tells the court what's wrong and what relief you need.

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Florida Revocation of Will