Wills Modification

Planning for your death isn’t exactly at the top of anyone’s to-do list.  However, we all know how important creating a will, trust or other document, which lays out what will happen to your estate and assets in the event of your death, can be to your loved ones.  You want to make sure that your family is provided for and avoid potentially lengthy disputes over assets with a well written will.

In Florida, the law surrounding wills and trusts can be complicated.  While you may set out what you consider to be comprehensive terms describing how your assets should be distributed in the event of your death, there may be mistakes, changes in circumstances or other factors which require a will to be modified in the future.  Read on for more information about the law of will modification in Florida.

Wills May Be Modified While the Author is Still Alive

Under Florida law, wills may be modified while the author is still alive.  While this may sound straightforward, modification must meet certain legal thresholds for form and substance.  For example, Florida law does not allow for modification of a will by crossing out lines on the original document, or handwritten note.  Any modification to a will must be done by codicil, an official legal document with the sole intent of adding onto or replacing terms in an existing will.

While a codicil may work for minor or insubstantial changes, if you’ll be making significant revisions you may wish to speak to a lawyer regarding whether it would be appropriate to revoke the original will and draft an entirely new one in its place.

Modification of Wills After Death of Author

Circumstances Where Modification May Be Possible

Consult a Florida Wills Modification Attorney


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