Legally Revoking Your Will: What To Expect

A will is only intended to be final in death, and even then, if the law sees fit, a will can be modified or revoked. Consequently, if you have a desire to change the content of your will, you have every right to do so while you're alive. Learn more about some of the common reasons people choose to take this step, and how the process works.

Altering a Will

It's important to understand that there is no legal threshold by which a persons' circumstances must pass in order to revoke a will. If the grantor of the will wants to make a change, it's his or her legal right to take this step. 

However, there are some common life changes where people tend to make this move. A change in the family dynamic, such as getting married, getting divorced, having a child, the death of a beneficiary in the will, or the loss or gain of large assets are some reasons why people choose to revoke their existing will and replace it with an updated version. 

You should also keep in mind that you are not required to provide details about your reason for revoking the previous will when you draft your new will. 

Processing Changes

If you want your will to be honored upon your death, you must go through the proper legal process to revoke the existing will. Without action on your part the old will, will be honored. In many states, a will can be revoked by act or by writing. 

To revoke a will by act, the grantor of the will must physically destroy the existing will. It's generally best to complete this step in the presence of a witness, such as an attorney, to prove that the act was intentional. 

In terms of revocation by writing, you would need to draft a new will and take steps to prove that it post-dates the existing will, such as by dating the document and keeping it on file with an attorney with signed documentation that the new will should be exercised in the event of your passing. No matter the method, without proper documentation the new will is more likely to be challenged after your death. 

If you need to revoke your existing will, an estate lawyer can help. An attorney will ensure that your new will is legally binding, to ensure your last will and testament is honored. 

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