Written by Nataline Garcia, Esq.
During your lifetime, while you have full mental capacity, you have the legal right to make any changes or amendments to your will. These changes can range from a minor change to a complete revocation and republication of your will. To accomplish this, a codicil may be prepared, if it is appropriate for your desired revision.
A codicil is a legal document that changes specific provisions of your last will and testament, but leaves the other remaining provisions, not specifically revised on the codicil, the same. A codicil is commonly used for minor changes such as a change in beneficiary or even a change in a personal representative.
Important Formalities to be Aware of When Executing a Codicil:
- A codicil must be executed with the same formalities as your last will and testament. Thus, execution of the codicil must comply with Florida Statutes Section 732.502; failure to comply may result in the codicil being found invalid as a matter of law.
- A codicil has the effect of republishing the last will and testament that is being modified by the codicil in its entirety.
- A codicil may be revoked in similar methods as a last will and testament as governed by Florida Statutes Section 732.509.; this includes: physical revocation or by the creation of a new last will and testament or codicil.
If you have any questions or revisions you wish to make to your current will, do not hesitate to contact our office for a free consultation at 305-227-4030 or via email at legal@raygarcialaw.com. Make sure any and all revisions are made in compliance with Florida law to avoid a court finding your revised wishes to be invalid.
Law Office of Ray Garcia, P.A.
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