Revoking Your Will: What You Need to Know
It is especially important to destroy your old will where you have made changes to who inherits, or who you appoint as guardian or executor. An undestroyed original will, raises the obvious presumption that it was not revoked. If you have more than one undestroyed will, you run the risk not only that someone will deliberately probate a will which you intended to revoke, but the risk that they will do so accidentally, or even be forced into probating it.
The purpose of destroying an old will is to prevent someone else from attempting to probate it in Court. In addition to destroying the original and all copies which you may have of an old will, you should advise the attorney who drafted the old will that you have made a new one and requesting they destroy it. ( lawyers will request a letter and identification when providing the original will to you)
There have been multiple cases where someone contacted our office - Chianese & Reilly Law PC to see if we had a will, when informed of the date on the will they were sure that a newer will was made, but not being able to find it the old will was probated. If an undestroyed, original will is in existence, it is near impossible to persuade the Court that it was revoked.
Life changes, and so might your wishes for how your assets are distributed after you’re gone. If you've created a will and later decide to make changes or entirely revoke it, you have several legal options to ensure your current wishes are honored.
Ways to Revoke a Will
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Create a New Will
The most straightforward way to revoke an old will is by drafting a new one. In most jurisdictions, an adequately executed new will includes a revocation clause that automatically invalidates any prior wills. This ensures there's no confusion about your intentions.
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Physically Destroy the Will
Another method is to destroy the old will with the intent of revoking it. Tearing, burning, or shredding the document are common examples. Be sure the destruction is thorough, as partial destruction could lead to disputes about whether the will was entirely revoked.
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Declare Your Revocation in Writing
In some cases, you may explicitly state your intent to revoke the will in a separate written and signed document, typically requiring witnesses. This method is less common but remains valid in many legal systems.
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By Operation of Law
Certain life events, like marriage or divorce, may automatically revoke parts or all of a will, depending on local laws. It's important to review your will with an attorney to ensure it reflects any significant changes in your life.
Dangers of Improper Revocation of Will
Simply destroying your old will without ensuring your new wishes are legally documented can lead to complications. If no valid will exists, your estate may be distributed according to intestacy laws, which may not align with your intentions. Additionally, partial destruction or unclear revocation methods could spark disputes among beneficiaries.
Practical Tips for Creating and Revoking Will
- Consult an Attorney: Estate laws vary by jurisdiction, so it’s essential to seek legal advice to ensure your revocation is valid.
- Inform Executors: Let your executor know about changes or revocations to avoid confusion during estate administration.
- Store Your New Will Safely: Ensure your current will is accessible to trusted individuals.
Revoking your will is a critical decision that should be approached with care. Whether you're updating your estate plan or starting fresh, taking the proper steps ensures your legacy aligns with your current wishes.
CONCLUSION
Revoking a will is an important part of keeping your estate plan current and reflective of your true intentions. Whether you choose to revoke your will by drafting a new one, physically destroying the old document, or through other legal means, it’s vital to follow proper procedures to avoid complications.
By consulting an experienced New York estate planning attorney and documenting your wishes, you can ensure a smooth transition of your assets and minimize potential disputes among your loved ones. Taking these steps today provides peace of mind for tomorrow.
