Buckner continues its educational series on wills, trusts and other estate planning issues with a review of the doctrine of dependent relative revocation:
The doctrine “means that where [a] testator makes a new will revoking a former valid one, and it later appears that the new one is invalid, the old will may be re-established on the ground that the revocation was dependent upon the validity of the new one, testator preferring the old will to intestacy”. Helfenbein v. Baval, 157 So. 3d 531, 532 n1 (Fla. 4th DCA 2015). For example:
John prepares a will in 2008 and later creates a new will in 2012. John dies in 2015. A court rules John’s 2012 will is invalid because it was not signed in the presence of witnesses. The court revokes the 2012 will. The court re-established the 2008 will (which was determined to satisfy all of the requisite elements of state law).
Every week Buckner offers the following deals:
- Wills on Wednesdays: Clients who retain Buckner and pay the initial consultation fee or installment payment on Wednesdays receive a 10% discount on a will package.
- Trusts on Tuesdays: Clients who retain Buckner and pay the initial consultation fee or installment payment on Tuesdays receive a 10% discount on a trust package.
To discuss your estate planning needs, call (+1-954-941-1844) or email (email@example.com) attorney Michael Buckner for a consultation.