Does a new will override an old will?
Yes, but only as far as the two conflict — unless the new will expressly revokes the old one, which is why that sentence matters.
“I made a new will, so the old one is dead” is right most of the time and wrong in a way that costs families money. Whether the earlier document disappears completely or survives in pieces turns on one clause: whether the new will actually says it revokes everything before it. If it does not, both documents can be read together, and only the contradictions are resolved in favor of the newer one.
The two ways a later document revokes an earlier one
Both states we read describe the same two routes, in almost the same words. The difference between them is the whole answer to this question.
| Route | What it takes | How much of the old will dies |
|---|---|---|
| Express revocation | The new will says, in terms, that it revokes prior wills | All of it. Clean break. |
| Revocation by inconsistency | The new will simply contradicts the old one | Only the contradicted parts. Everything not contradicted survives. |
| Physical act | Burning, tearing, canceling, obliterating or destroying, with intent to revoke | As far as the act and the intent go |
California
California Probate Code § 6120: a will is revoked by “a subsequent will which revokes the prior will or part expressly or by inconsistency,” or by “being burned, torn, canceled, obliterated, or destroyed, with the intent and for the purpose of revoking it,” by the testator or by another person in the testator’s presence and at their direction.
Florida
Florida Statutes § 732.505is the sharper of the two, because it spells out the limit: a will or codicil is revoked “by a subsequent inconsistent will or codicil, even though the subsequent inconsistent will or codicil does not expressly revoke all previous wills or codicils, but the revocation extends only so far as the inconsistency.” Or, separately, by a later will, codicil or other writing executed with the same formalities that declares the revocation.
What “only as far as the inconsistency” looks like in practice
Suppose an earlier will leaves the house to one child, a savings account to another, and a car to a nephew. A later will deals only with the house, leaving it to someone else, and says nothing about revoking anything.
- The house. The documents contradict each other. The later one governs.
- The savings account and the car. No contradiction. Under a Florida-style rule, those gifts in the earlier will can still stand.
- The executor. If the new will names a different one, that is a contradiction. If it names nobody, the old nomination may survive.
Which is usually not what the person signing the second will had in mind. They thought they were starting over. The statute says they were amending.
The new will only wins if it is a valid will
A later document that fails the state’s signing rules does not revoke anything — it is not a will at all. That makes execution formalities part of this question rather than a separate topic.
| Requirement | California (Prob. Code § 6110) | Florida (Fla. Stat. § 732.502) |
|---|---|---|
| In writing | Yes | Yes |
| Signed by | The testator, another person in their presence and at their direction, or a conservator under court order | The testator at the end, or their name subscribed at the end by another in their presence and at their direction |
| Witnesses | At least two, present at the same time, signing during the testator's lifetime | At least two attesting witnesses |
| Witnesses must sign | Having witnessed the signing or the testator's acknowledgment, understanding it is the testator's will | In the presence of the testator and in the presence of each other |
California adds a safety valve: a will that misses the witness requirement can still be admitted if the proponent establishes by clear and convincing evidence that the testator intended the document to be their will. That is a rescue provision, not a plan — it is litigation, and it is expensive.
And a valid signature is not enough on its own. California Probate Code § 6104 makes the execution or revocation of a will ineffective to the extent it was procured by duress, menace, fraud or undue influence. A new will signed under pressure can fail to revoke the old one. See what voids a will.
Sources
Every rule and figure on this page was read directly from the source below on the date shown. Statutes are amended; check the current text before you rely on it.
- California Probate Code § 6120 — California. Read 2026-08-21.
- Florida Statutes § 732.505 — Florida. Read 2026-08-21.
- California Probate Code § 6110 — California. Read 2026-08-21.
- Florida Statutes § 732.502 — Florida. Read 2026-08-21.
- California Probate Code § 6104 — California. Read 2026-08-21.
Common follow-up questions
Should I destroy the old will once the new one is signed?▾
Destruction with intent to revoke is a recognized method of revocation in California — burned, torn, canceled, obliterated or destroyed, by the testator or by someone else in the testator's presence and at their direction. Whether it is the right move for you, and how to do it so the intent is clear, is a question for an attorney in your state.
What is a codicil, and does it replace the will?▾
A codicil is an amendment rather than a replacement — it changes part of an existing will and leaves the rest standing. Florida's revocation statute treats a later inconsistent codicil the same way as a later inconsistent will: the revocation extends only as far as the inconsistency.
Does the newer date automatically win?▾
Date is how a court decides which document is later, but being later is not the same as replacing everything. Under both statutes on this page, a later document revokes an earlier one either expressly or by inconsistency — and inconsistency reaches only as far as the contradiction.
Does a new will have to be signed the same way as the old one?▾
Yes. A later will only revokes an earlier one if it is itself a valid will, which means meeting the state's execution formalities. Florida requires the testator to sign at the end in the presence of two attesting witnesses who sign in the presence of the testator and of each other.
What if the new will cannot be found after death?▾
Then you are in lost-will territory, and the older document may be the only one that can be produced. Some states presume a will last held by the testator and missing after death was destroyed with intent to revoke. See our page on a lost original will.
Please read
This is general information, not legal advice, and reading it does not create an attorney-client relationship. We are not a law firm and no one here is your lawyer. Wills and estates are governed by state law, and the rules differ from one state to the next — a deadline or a form that is right in Florida can be wrong in Ohio. The statutes quoted on this site are the ones we read, cited by name so you can check them yourself. Before you sign, store, change or file anything, talk to an attorney licensed in your state, or start with your state bar’s lawyer referral service or your state court’s self-help center. More about who we are.