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The Florida Codicil form serves as a vital tool for individuals looking to amend their existing wills without the need to draft an entirely new document. This form allows testators—those who create wills—to make specific changes, additions, or revocations to their last will and testament. It begins with a declaration by the testator, identifying themselves and referencing the original will and any prior codicils. The codicil can revoke specific paragraphs or provisions of the original will, offering flexibility to modify existing bequests or other instructions. For instance, if a testator wishes to add a new beneficiary or adjust the terms of an existing gift, the codicil provides a structured way to do so. Additionally, it confirms the validity of the original will, ensuring that all aspects not specifically altered by the codicil remain in effect. To finalize the codicil, the testator must sign it in the presence of witnesses, who also provide their signatures, ensuring that the document meets legal requirements. This process not only helps to clarify the testator's intentions but also safeguards against potential disputes among heirs, making the Florida Codicil form an essential component of estate planning.
Form Example
CODICIL TO WILL: form to change, add to, and republish a will
_________[Second] Codicil of _________
I, _________[name of testator], _________[if known by other names, add: also known
as _________ and _________], _________[if married woman, add: formerly known as
_________ (maiden name)], a resident of _________[address], _________ County,
_________[state], declare that this is the _________[second or as the case may be]
codicil to my last will and testament, which is dated _________, _________[if one or
more previous codicils is to be republished, add: and the _________ (first, or as the case
may be) codicil thereto, dated _________].
I.
I revoke Paragraph _________ of my last will and testament _________[if desirable
under the circumstances, add: which reads as follows: _________]. _________[If
provision revoked is to be modified, add: In place of this revoked provision I substitute
the following: _________].
II.
In Paragraph _________ of my last will and testament I stated: _________[insert the
exact language being referred to, such as: "I make the following gifts of money:"].
_________[Insert language describing desired change, such as: To the two gifts made in
the two subparagraphs thereafter, I add a third subparagraph making a third gift as follows:
3.To _________, presently residing at _________(address), _________ County,
_________(state), the sum of _________ Dollars ($_____), if _________ (he or she) survives me _________(if desired, add: for _________ days). If _________ (he or she) does not so survive me, the gift shall lapse and become a part of the residue of my estate.]
III.
I hereby confirm and republish my will dated _________, _________[if previous
codicil is to be republished, add: and my codicil to that will dated _________] in all
respects other than those
I subscribe my name to this codicil on _________[date], at _________[address],
_________ County, _________[state], in the presence of _________, _________, and
_________, attesting witnesses, who subscribe their names to this codicil on
_________[date] at my request and in my presence.
[Signature]
ATTESTATION CLAUSE
On the date last above written, _________[testator's name], known to us to be the
person whose signature
page on which we have signed as witnesses, was the _________[number, such as:
second] codicil to _________[his or her] will dated _________. _________[He or She]
then signed the codicil in our presence and, at _________[his or her] request, in
_________[his or her] presence and in the presence of each other, we now sign our
names as witnesses. |
|
|
_________, |
residing at |
_________ |
[Signature] |
|
[Street, city, state] |
_________, |
residing at |
_________ |
[Signature] |
|
[Street, city, state] |
_________, |
residing at |
_________ |
[Signature] |
|
[Street, city, state] |
Document Breakdown
| Fact Name | Details |
|---|---|
| Purpose | The Florida Codicil form allows individuals to change, add to, or republish their existing will. |
| Governing Law | This form is governed by Florida Statutes, Chapter 732, which deals with wills and estates. |
| Testator Identification | The form requires the testator's name and any known aliases to ensure proper identification. |
| Revocation of Provisions | Testators can revoke specific paragraphs of their will, providing clarity on changes made. |
| Witness Requirement | At least two witnesses must sign the codicil, affirming they witnessed the testator's signature. |
| Confirmation of Original Will | The codicil confirms and republishes the original will, maintaining its validity except for specified changes. |
| Date of Execution | The form requires the date of signing to establish the codicil's effective date. |
| Residency Requirement | The testator must be a resident of Florida to use this codicil form effectively. |
| Address Information | Complete address information for the testator and witnesses is necessary to validate the document. |
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