Florida/Georgia Personal Injury & Workers Compensation

...Notwithstanding this goal, strict compliance with statutory requirements is a prerequisite for the valid creation or revocation of a will. In re Bancker's Estate, 232 So.2d 431, 432 (Fla. 4th DCA), cert. denied, 238 So.2d 111 (Fla. 1970). As to the method employed in the instant alleged revocation, section 732.505, Florida Statutes (1989), provides a will or codicil or any part of either is revoked by writing: (1) By a subsequent inconsistent will or codicil, even though the subsequent inconsistent will or codicil does not expressly revoke all...

...ome other person in his presence and at his direction, by burning, tearing, canceling, defacing, obliterating, or destroying it with the intent, and for the purpose, of revocation. As appellants themselves concede, the instant revocation fails under section 732.505 because the formalities necessary for execution were not followed....

...See In re Sax's Estate, 25 Misc.2d 576, 202 N.Y.S.2d 774 (N.Y. 1960) (manual indication sufficient where found to be physical token of inward intent). Furthermore, it is generally held that while a written revocation cannot be found when not performed in compliance with section 732.505, where words indicating an intent to revoke are written upon the will and, in addition to such circumstance there is some other act of cancellation, the words are competent evidence and may be introduced to show the intent with which the other act was performed....

...ant should be excluded. On May 31, 2002, appellant and Claps filed a petition for administration and enforcement of the original will and codicil, as unaltered. In their petition, they asserted that the alleged attempted alteration was invalid under section 732.505, Florida Statutes, and sought their appointment as co-personal representatives....

...Here, the decedent attempted to partially revoke a codicil by subsequent writing. “Florida law does not allow the partial revocation of a will in the absence of compliance with the statutory requirements for revocation.” Taft v. Zack, 830 So.2d 881 (Fla. 2d DCA 2002). Section 732.505, Florida Statutes, provides: A will or codicil, or any part of either, is revoked: (2) By a subsequent will, codicil, or other writing executed with the same formalities required for the execution of wills declaring the revocation....

...Taft, the will was otherwise unmarked in any manner to indicate that the decedent intended to completely revoke the will. Also, there was nothing marked on the will to indicate that, after the alterations, the will had been executed with the requisite formalities to constitute a valid modification of the will. See §§ 732.505, .506, Fla....

...Taft to get her property and that she had been contemplating the possible dissolution of her marriage to Mr. Taft, the record reflects that she did not revoke the will by an act as contemplated by section 732.506 or by a codicil or other writing as contemplated by section 732.505....

...See In re Sax’s Estate, 25 Misc.2d 576 , 202 N.Y.S.2d 774 (N.Y.1960) (manual indication sufficient where found to be physical token of inward intent). Furthermore, it is generally held that while a written revocation cannot be found when not performed in compliance with section 732.505, where words indicating an intent to revoke are written upon the will and,- in addition to such circumstance there is some other act of cancellation, the words are competent evidence and may be introduced to show the intent with which the other act was performed....

...revocation of a will or codicil.”); Cioeta v. Est. of Linet, 850 So. 2d 562, 564 (Fla. 4th DCA 2003) (same); see also Dickson, 590 So. 2d at 472 (“Furthermore, it is generally held that . . . a written revocation cannot be found when not performed in compliance with section 732.505[.]”). This requirement of strict compliance with state law in executing both a will and a revocation instrument is not unusual....

...laws of the state or country where the will was executed. A will in the testator’s handwriting that has been executed in accordance with subsection (1) shall not be considered a holographic will. (Emphasis added). With respect to revocation, section 732.505(2), Florida Statutes (2019), provides that a will is revoked “[b]y a subsequent will, codicil, or other writing executed with the same formalities required for the execution of wills declaring the revocation.” Id....

...“signed his will without attesting witnesses”). The Zaidman court also found the statutorily required formalities for wills prevented the holographic will from being recognized as an instrument of revocation, stating: The revocation clause within the 2015 Will fails under section 732.505, for the same reason the 2015 Will in its entirety fails under section 732.502—the formalities necessary for execution for an instrument of revocation are the same as those applicable to the Florida last will and testament sought to be revoked....

...The requirements for demonstrating revocation of a will by subsequent written instrument are not equivalent to the requirements for submitting a subsequent will to probate. Section 733.109(1), Florida Statutes, permits any interested person to institute revocation proceedings by filing a petition for revocation. Section 732.505(2), Florida Statutes, identifies the requirements for a written instrument which revokes a prior will....

...ed a holographic will. (3) No particular form of words is necessary to the validity of a will if it is executed with the formalities required by law. (4) A codicil shall be executed with the same formalities as a will. § 732.502, Fla. Stat. (2002). Section 732.505 of the Florida Statutes sets forth the statutory requirements for revocation of a will by writing: 732.505Revocation by writing.— 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. (2) By a subsequent will, codicil, or other writing executed with the same formalities required for the execution of wills declaring the revocation. § 732.505, Fla....