QUESTION
My stepfather "changed" the will two days before he died but never wrote anything down or had it witnessed. He only spoke his wishes to his lawyer .
Asked on Jun 15th, 2012 on Wills and Probate - Florida
More details to this question:
He and my mother had identical wills with everything going to the surviving spouse until the final will when everything was to be split equally 4 ways between my brother, myself, and two stepsisters. Two days before he died he called his layer/friend over to "change" the will to reduce the amount my brother and I got. Nothing was ever written down or changed legally. it was just something he said to this lawyer/friend of his. There were no witnesses. Will this hold up in court or will the original will be held in place?
2 ANSWERS
4 Awards
No. A "change" must be executed with the same formalities as required to execute a Will.
Astrid de Parry, P.A.
386-736-1223
Answered on Jun 15th, 2012 at 2:17 PM
Estate Planning Attorney serving Jacksonville, FL
at
The Coleman Law Firm, PLLC
Update Your Profile
"Oral" wills are not valid in Florida. In Florida a valid will must be in writing, signed by the willmaker in the presence of two witnesses and a notary public. Based on the facts that you have provided, the written will is the only one that is subject to probate under Florida law and the oral changes will not be effective.
See Florida Statutes, Section 732.502. - http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0732/Sections/0732.502.html
Randy Coleman
Answered on Jun 15th, 2012 at 1:52 PM