How to Revoke a Will

When your current will no longer represents your wishes, it is time to consider revoking your last will and testament. Significant life changes are the most common reason for revoking an original will. These changes include:

• Marriage
• Divorce
• A new baby
• A large increase in assets such as a business sale, inheritance, or lottery winning

Major changes to your estate during your lifetime may determine how you wish to dispose of your property upon death.

While the reasons for changing a will may vary, it is important to know how to reflect your current intentions in your will. Failure to properly revoke or change a will can result in confusion and costly litigation.

State Law Requirements for Revoking a Will

State law outlines the requirements for a valid will and how to revoke a will. In most states, revoking a will is straightforward. In general, you can revoke a will by:

1. Destroying the old will
2. Creating a new will
3. Making changes to an existing will

In some circumstances, simply giving away all or your property and assets before you die can have the effect of revoking a will (subject to estate tax penalties).

Destroy the Old Will

A common way to revoke a will is to destroy the legal document physically. Burning, tearing, or shredding can do the trick. This applies whether you destroy the will or someone else destroys it at your request and in your presence.

Some states allow revocation by destruction when the testator tears, cancels, obliterates, or destroys the will intending to revoke it.

This often does not include handwritten marks in the margins of a will or where, for example, a testator draws an "X" through some of the pages. Thus, a court may treat an improperly destroyed will as if you had not changed the will.

Multiple wills can often confuse. Destroying a prior will can help prevent debates about which document accurately reflects your final wishes.

Make a New Will

One of the easiest ways to revoke a will is simply creating a new one. The new will should be properly executed. Your new will should reflect language that states your desire to revoke all prior wills. A statement such as “I hereby revoke any and all old wills that I have previously made" can help clarify your intentions. You can use one of FindLaw's state-specific forms to help you get started.

Make Changes to an Existing Will

A testator can revoke a will by changing parts of an existing will. The newly amended will, now called a “codicil," creates a new will by operation of law. A codicil can change key aspects of an existing will, including new beneficiaries and property designations.

Get Professional Legal Help Revoking Your Will

If you have a will, you have taken steps to avoid intestacy. When a person dies without a will, their property and assets are distributed according to state intestacy laws. Thus, it's best to do everything possible to ensure your will stays updated.

It's prudent to consult an experienced estate planning attorney. They can provide legal advice regarding the revocation of a will. Alternatively, an attorney can help you make amendments to your old one. Failure to properly execute a subsequent will can lead to a protracted probate process and burden your family.

When a will is improperly revoked or modified, it can have disastrous results. Ensure that those involved in the probate of your will can avoid confusion and litigation in probate court. 

Contact a local wills attorney to learn how they can help guide you through estate planning with confidence. An estate planning attorney can ensure that you properly execute all your estate planning documents. These documents can include a power of attorney, advanced directives, and any trust documents. Any effort you can take now that will provide for an orderly distribution of your estate will be worthwhile.