Legal Question in Wills and Trusts in Florida

If someone makes a will more than 10 years then make another will before died without throwing away the first will is the new will good or not?

Asked on 3/18/10, 4:10 pm

4 Answers from Attorneys

David Labovitz Labovitz Law Firm, P.A.

The first sentence of just about every will revokes all prior wills. Thus, the new will would have revoked the old will and the old will is no good, regardless of whether it was thrown away.

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Answered on 3/23/10, 4:19 pm

David Slater David P. Slater, Esq.

If the second will was validly executed, it will revoke the first.

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Answered on 3/23/10, 4:36 pm

I agree with both of the previous answers. First, the second will needs to be validly executed. Second, the will needs to be examined to determined if it revokes the previous will and now becomes the new will. If it doesn't then the new will may be determined to be a codicil (an amendment to the previous will). Should you have further questions or require assistance with this matter, please feel free to contact me.

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Answered on 3/23/10, 5:43 pm
Frank J. Pyle Probate Attorney Throughout Florida

Yes, if properly executed.

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Answered on 3/24/10, 7:06 am

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