An estate plan is not a "set it and forget it" document. Marriages, divorces, new children, deaths, and changing assets can all make a once-perfect will out of date. The good news: updating a Florida will is straightforward. The danger is doing it informally — handwritten edits and margin notes are not valid and can cause the very disputes you wanted to avoid.
Two Right Ways to Change a Florida Will
| Method | Best For | How It's Executed |
|---|---|---|
| Codicil | A single small change (e.g., swapping one personal representative) | Signed + 2 witnesses, same as a will |
| New will | Most changes — and anything beyond a minor tweak | Signed + 2 witnesses; revokes the old will |
Both must satisfy the same execution formalities as the original will under F.S. § 732.502 — written, signed by you, and witnessed by two witnesses in your presence and each other's. For most people today, a clean new will is better than a codicil: it eliminates the risk of conflicting documents and is just as easy to produce.
What Is a Codicil?
A codicil is a short, separate document that amends part of your existing will while leaving the rest in force. Historically codicils were popular because retyping a will was tedious. In the era of word processing, that justification is largely gone, and stacking multiple codicils invites inconsistency — a probate court later has to reconcile a will plus several amendments. Use a codicil only for an isolated change, and never more than one.
How to Revoke a Florida Will
Under F.S. § 732.506, you can revoke a will two ways:
- Revocation by writing — executing a later valid will or codicil that revokes the prior one. A new will should always include an express clause revoking all earlier wills and codicils.
- Revocation by act — burning, tearing, canceling, defacing, or otherwise destroying the will with the intent to revoke it. The act and the intent must both be present.
The cleanest, least disputable approach is a new will with an express revocation clause. Then physically destroy the old originals so two conflicting documents never surface.
What Divorce Does Automatically in Florida
Florida law provides an automatic safeguard. Under F.S. § 732.507(2), when a marriage ends in divorce or annulment, any provision of your will that benefits the former spouse — and any nomination of the former spouse as personal representative — becomes void, and the will is read as if the ex-spouse had died at the time of the divorce. A parallel rule (F.S. § 732.703) applies to many beneficiary-designation assets.
When You Should Review or Update Your Will
Revisit your Florida estate plan after any of these:
- Marriage or divorce
- Birth or adoption of a child or grandchild
- Death of a beneficiary, personal representative, or guardian you named
- A significant change in your assets or net worth
- Moving to Florida from another state (execution and homestead rules differ)
- A beneficiary developing a disability or needing a special-needs trust
Even with no triggering event, a review every three to five years keeps your plan current with your wishes and the law.
Frequently Asked Questions
Related Reading
- How to Make a Will in Florida — the execution rules a codicil or new will must follow.
- Florida Will Requirements: Is Your Will Valid? — what keeps a will enforceable.
- Estate Planning for Florida Married Couples — coordinating plans after a marriage or divorce.
Time to Update Your Florida Will?
Cornerstone makes revising your estate plan simple — a properly executed new will or codicil, reviewed by Arthur Simpson, Esq. Start online, statewide across Florida.
Update Your Plan →This article is for general informational purposes and does not constitute legal advice. Estate planning is highly fact-specific. Consult a licensed Florida estate planning attorney regarding your individual circumstances. Arthur Simpson, Esq. is licensed to practice law in the State of Florida.