How To Revoke A Will
There are some reasons why one may decide to revoke or make changes to a will, and as long as one is still alive and considered mentally capable, you are free to make changes to it. There are particular procedures to revoking a will and they must be followed for it to be described as being accurately and successfully done. To dictate your wishes for your new will, you must make it clearly stated in another new document to reflect your intentions correctly.
There are several instances which require a revocation of a will which include marriage, moving to a new state, having a new child or grandchild, death of a spouse, a nominated beneficiary or will executor dies or becomes unavailable, a change in value of your real estate or loss of a significant piece of your real estate. Although it isn’t compulsory to revoke your will every time you experience any of these events as a codicil helps amend your existing will. However, if the changes you intend to make are significant, revoking your will becomes the way to go.
To revoke a will, the law specifies that it must be utterly destroyed. Just canceling the previous will doesn’t cut it. The recommended methods are burning and shredding, and if there are copies of the will with persons other than yourself, these copies must be retrieved and destroyed as well, personally, as destroying your will isn’t something you would want to leave to someone else.
When revoking your will, it is usually recommended that you have two or more persons witnessing the action to prevent contests to the will in future because the witnesses would stop any person that seeks to challenge the validity of the new will. The witnesses to the revoking of your will cannot be any person under 18 years of age, as applies to making a new will. Any person can stand as witness to the revoking of the will as long as the mandatory age minimum requirement is met.
After destroying every portion of the old will, you can then begin proceedings on drafting a new will. It is recommended that when creating the new will, a reference should be made to the old will so as to prevent any future contest to the will in court. Also, you should also make a mention of the date of the old will when signing the new will. As with all wills, it is recommended that you engage an estate planner who are familiar with the many requirements to help you write a will which represents your interests to the fullest. Also, other than will writing service, they also protect your will by keeping in a safe location with their will custody service.
Proper revocation of a will is necessary to ensure that your will doesn’t get entangled in legal struggles after your demise.
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