Florida Bar Practice Exam

When a will does not exist at the time of a testator's death, the provisions outlined in a previously established will are considered to have been effectively revoked. This means that there is no valid testamentary document to govern the distribution of the testator's estate according to their prior wishes. In essence, the legal principle here is that without the actual document of the will, the intentions that were once outlined within it cannot be enforced. This position is rooted in the notion that a will must be in existence and duly executed at the time of a testator's death to be effective. Thus, if a will cannot be found, it is assumed that the testator either intentionally or unintentionally revoked it. This assessment can impact the distribution of the estate significantly, as the testator's estate may then pass according to the laws of intestacy rather than the provisions they had made in their will. Therefore, the absence of the will leads to a presumption of revocation of its terms, leaving the estate distribution unsettled until other legal determinations or intestacy laws come into play.