In life, the circumstances always change. Estate planning documents often require modifications and amendments to reflect new decisions. Is it possible to change a Florida last will without the executor knowing? Read on to find out.
Changing a Will in Florida – The BasicsĀ Ā
Florida law permits you to change or revoke an existing will. The codicil is a legal document that amends an existing will. Florida Statutes Ā§732.502 (5) specifies that “a codicil shall be executed with the same formalities as a will.”
As provided by Florida Statutes Ā§732.502, a valid codicil “must be in writing and executed as follows:
- The testator must sign the will at the end; or
- The testator’s name must be subscribed at the end of the will by some other person in the testator’s presence and by the testator’s direction.
- The testator’s signing, or acknowledgment that he or she has previously signed the will, or that another person has subscribed the testator’s name to it, must be in the presence of at least two attesting witnesses
- The attesting witnesses must sign the will in the presence of the testator and in the presence of each other”
State law does not limit the number of codicils used to amend a will. However, executing multiple codicils often creates confusion. For example, if two codicils used to amend the same will have contradictory provisions, the later codicil can override the first one.
Depending on the degree of change to a will, the best approach is to write a new will with the guidance of a Florida attorney.
Is it Possible to Change a Florida Last Will Without the Executor Knowing? – The VerdictĀ
Florida law has no legal provision requiring a testator to inform an executor of revisions made to a will. It is neither a validity requirement nor a technical aspect of the execution of a codicil.
As long as the testator meets the required statutory formalities, the codicil remains valid without the knowledge of the person appointed as the executor of the will. While there is no explicit legal requirement to inform the executor of the will, it is still the recommended approach.
The executor (also referred to as the “personal representative“) is the individual responsible for administering your estate upon death and distributing your assets following the wishes expressed in the will.
The executor role is a fundamental aspect of probate administration. If you appoint the wrong person to serve as your executor, it may result in will contests, unnecessary lawsuits, and conflicts that may harm your loved ones financially and emotionally.
The solution is to appoint a trusted and competent individual to serve as your executor upon death. Additionally, it is crucial to inform the executor about the latest information about your estate plan in detail.
Another crucial aspect is to ensure the executor knows where the storage place of the original will and codicils is. This simple step can save a significant amount of time when the time comes.
Do You Want to Change a Will in Florida? – Immediately Contact Your Florida Probate LawyerĀ
Either you want to change an existing will or create a new one, contact Attorneys Romy B. Jurado and Diana C. Collazos by calling (305) 921-0976 or emailing [email protected] for expert legal guidance.
