April 15, 2020
There are two specific methods you can follow when revoking a will. You can either:
Writing of the word ‘revoked’ on your will does not legally revoke it.
In most cases, making a new will is best. By having something in writing, signed by you and dated, it’s 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.
When comparing ways to prepare your will, review the EstateBee online Last Will and Testament product details and completion information.
Related reading: Codicil vs New Will: How to Update Your Will; When to Update Your Will or Living Trust; Common Will Mistakes and How to Avoid Them.
Prefer guided questions? Prepare a personalised last will with our online document generator.
In drafting your will, it’s important to understand that events will most likely occur in your lifetime which will give rise to a need to change the provisions of your will. These events may come around as a result of changes in the law, your financial circumstances, the value of your assets and even in your preferences in relation to beneficiaries. If your will is not updated to address these changes, they can have significant unintended consequences – particularly in respect of the manner in which your assets are ultimately divided amongst your family and friends.
From Legal Will Kit, 2026 Fourth Edition — Changes in Circumstances.
Prefer a downloadable guide? Work at your own pace with nine will templates, a planning worksheet, and completion and signing instructions. Use the guide to organise gifts, beneficiaries, executors and guardian choices.
U.S. guidance; not intended for Louisiana. Complex circumstances may need individual legal advice.
Founded by lawyers in 2000, EstateBee is a leading international estate planning and asset protection publisher.
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Founded by lawyers in 2000, EstateBee is a leading international estate planning and asset protection publisher.