Stop! Don't Write on Your Florida Will: Understanding Valid Revocation

Many people assume that to change or cancel a legal document, they can simply write on it. When it comes to a Florida Last Will and Testament, this assumption is a dangerous myth that can completely derail your estate plan and lead to costly probate disputes.

If you want to revoke or cancel your Will in Florida, you must follow the law precisely. Florida Statutes 732.506 defines Revocation by Act as requiring the testator, or someone acting under their direction and in their presence, to destroy the document physically. This means burning, tearing, obliterating, defacing or entirely destroying the Will with the specific intent to revoke the whole document.

The Danger of Partial Revocation

Here is the critical legal point that many Floridians misunderstand: Florida courts do not permit partial revocation by a physical act.

Simply crossing out certain provisions, scribbling “VOID” next to a paragraph, or attempting to write a new beneficiary on the document will not work. As demonstrated in cases like Taft v. Zack, courts have ruled that these markings reflect an intent to modify or partially revoke—not to fully destroy the will. Since Florida does not allow partial revocation via physical act, the original will remains legally valid.

The Correct Way to Update Your Will

If you wish to change specific provisions, the only legally recognized way to do so is through a Revocation by Writing (Florida Statutes 732.505). This requires a subsequent will, a Codicil (an amendment), or another writing that declares revocation, and it must be executed with the same statutory formalities as the original will—including the presence of two attesting witnesses.

The takeaway is simple: Do not attempt to fix or update your Will by writing on it. The only way to guarantee your prior will is revoked and your final wishes are honored is to draft and execute a completely new, properly witnessed, and notarized document that clearly revokes the prior will.