There are two specific methods you can follow when revoking a will. You can either:

• draft a new last will which expressly states that it revokes and terminates your existing will (and any codicils to it); or
• physically destroy your existing will.

Writing of the word ‘revoked’ on your will does not legally revoke it.

In most cases, make a new will is best. By having something in writing, signed by you and dated, its much easier for your executors to demonstrate that you terminated your old will. Compare that to a scenario where you simply tore up or destroyed your old will…….it’s not beyond the realm of possibility that someone might simply say it was lost and perhaps even produce a copy of your old will claiming it was still valid and still reflected your wishes.

Don’t take that chance – make a new will and give copies to your executors and family (as you see fit of course).

In addition to the above, your last will is normally revoked by marriage unless it has been drafted “in contemplation of marriage” and expressly says that. In some states, a will can be revoked if you have a child after executing your will if the will has not expressly dealt with this possibility in its terms. For these reasons, it’s important to ensure that you update your will every time you experience a major life event.

We recommend updating your will at least every two years.

How Can EstateBee Help You?

For more information on wills, check out some of our other articles on wills in our Learning Center.

If you would prefer to learn how to make your own last will and testament, check out our Legal Will Kit. It includes a summary of all the things you need to consider when making a will, as well as all of the instructions and template forms necessary to make your own last will and testament. It will show you how to leave money and property to your loved ones, avoid intestacy, appoint guardians for your children, save on legal fees and probate, much more.

If you have any questions about our products or services, please contact our  customer service team who would be delighted to assist you.