Revocation of a Will in Fairfax

Revocation of a will in Fairfax means a person has decided that they want to invalidate their will. This could be because they have executed a new will or because they longer want the old will to be followed. A person can revoke a will by ripping it up and throwing it away, burning it, or actually going to their lawyer and having a new will drafted that specifically states that any prior wills are now revoked.

If you need assistance revoking your will, drafting a new one, or understanding the law, you should reach out to a reputable trusts and estates lawyer. An attorney could explain your legal options and guide you through every step of the wills process.

How to Revoke a Will

One of the most common ways a will is revoked is by simply ripping it up and throwing it away. The assumption is that if an original will cannot be found, then it has been revoked. Any method that a person uses to destroy their will would revoke the will.

Additionally, if a person wanted to create a new will so there was absolutely no confusion about a prior existing will, they could go to an attorney. The attorney can draft a new will which specifically states that any prior wills were revoked.

Reasons for Revocation

There are many circumstances in which a person might decide to revoke their will. Any reason is valid. One of the most common situations is when a person decides they want to redo the distributions to the people named in the will.

Typically, people want to revoke their will and create new wills when a major life event occurs. For example, if a person gets married or has a new child or grandchildren, those are common circumstances where a person wants to revoke their old will and draft a new will. Other times, because of major changes in the law, specifically tax law, people may want to consider a totally different estate plan, thereby revoking their old will and drafting a new will to come up with a better plan that fits their needs.

Should a Person Wait for a New Will Before Revoking the Old Will?

A person should always defer to their attorney in order to determine whether the prior will should be revoked and when it should be revoked. Typically, the old will is revoked upon signing the new will as long as the new will specifically states the prior will is now revoked. However, if there is something in the old will that the person definitely does not want to be honored while the new will is in the process of being drafted, that person always has the option of revoking the old will.

They can revoke it by throwing it away, tearing it up, or burning it, and they can revoke the old will while the new will is being drafted so the prior will is not followed. That may happen in a case where someone was married when the old will was drafted and now they are no longer married to that person and they, under no circumstances, want their ex-spouse to receive assets from their estate.

Tampering With a Will

It is a good idea to refrain from writing on wills because one does not want there to be any question in terms of whether they were trying to revoke their will. If an individual inadvertently scribbles a line on their will, they would never want that to be interpreted as writing an “X” as if they were canceling out a portion of the will. If someone wants their will to remain valid, it should be a clean, original copy of the will with all of the signatures intact and no additional writing on it other than people’s signatures and initials.

Contact a Fairfax Wills Attorney

Revocation of a will in Fairfax can be an important step in making sure your estate plans are followed. For help understanding your legal situation and drafting a new will, reach out to an experienced attorney. They could explain your options and help you make an informed decision.