Did execution of a codicil referring to a 1980 Will revive the 1980 Will in Florida?
Full Question:
My Father made a Will in 1980 but later signed a written revocation. In 1990 he made what is called a codicil which I understand is a change to the Will and made reference to the 1980 Will in the codicil. Did the codicil make the 1980 will valid even though it had been revoked. We are in Florida.
02/07/2017 |
Category: Wills and Es... ยป Revival |
State: Florida |
#31738
Answer:
In this case if the wording was property, the codicil republished the 1980 Will.
The relevant code sections are below.
732.5105 Republication of wills by codicil.—The execution of a codicil referring to a previous will has the effect of republishing the will as modified by the codicil.
732.511 Republication of wills by reexecution.—If a will has been revoked or if it is invalid for any other reason, it may be republished and made valid by its reexecution or the execution of a codicil republishing it with the formalities required by this law for the execution of wills.
732.511 Republication of wills by reexecution.—If a will has been revoked or if it is invalid for any other reason, it may be republished and made valid by its reexecution or the execution of a codicil republishing it with the formalities required by this law for the execution of wills.
Reference:
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html
