Florida Probate Law: Revocation of a Will

A Will or Codicil, or any part of either, is revoked:

(1) By a subsequent inconsistent Will or Codicil, even though the subsequent inconsistent Will or Codicil does not expressly revoke all previous Wills or Codicils, but the revocation extends only so far as the inconsistency exists. The law favors two separate Wills to be read together except where the two are inconsistent.

(2) By a subsequent written Will, Codicil, or other writing declaring the revocation, if the same formalities required for the execution of Wills are observed in the execution of the Will, Codicil, or other writing.

(3) By burning, tearing, canceling, defacing, obliterating, or destroying it with the intent, and for the purpose of revocation.

Effect of Subsequent Marriage, Birth or Divorce
Neither subsequent marriage nor birth or adoption of lineal descendants revoke the prior Will of any person, but the pretermitted spouse or child shall inherit regardless of the prior will.

All Wills made by husband and wife whose marriage has been subsequently dissolve or who become divorced shall become void by means of the dissolution of marriage or divorce as the Will affects the surviving divorced spouse.
© CORPUS JURIS. All rights reserved.