Reasons of Revocation of a Maryland Will
When a will is revoked it means that the testator no longer wishes to use the terms of that will. Sometimes, a will is revoked and a new will is written to their request. Sometimes the will is revoked and there is no will, no new will to control or govern the distribution of assets so that the laws of intestacy would come into effect. Talk to a professional Maryland wills attorney for more information on revocation.
Ways that Wills Can Be Revoked
Wills can be revoked in Maryland by writing a new last will and testament that states that the prior will has been revoked. Wills can also be revoked by tearing up or writing “void” on the prior will, but only the testator can revoke or void the last will and testament in Maryland.
Circumstances of Revocation of a Maryland Will
Often, a person revokes their will because there has been a change in wishes for the distribution of assets. A change may be a result of a major life event, a birth in the family, a death in the family, a significant increase or decrease the wealth, or a move to a new jurisdiction.
A person may also revoke their will to change the nomination of an individual, the testator, or the key fiduciary position. A nominated fiduciary may no longer be the best choice to serve in a key position.
If a person has recently separated or is getting a divorce, they may choose to act more quickly to revoke a will than they would in another circumstance. If the change to the will is minor, they may wait until a new will is in place to revoke it. It depends on the circumstances and the reason for the change or the revocation to the last will and testament to dictate whether or not revocation prior to writing a new last will and testament or completing the last will and testament would be prudent.
Writing Own Wills
A person should not write their own wills. It happens fairly often that testators would like to see changes and simply writing on the documents or noting those changes on the document thinking that the notation will be sufficient to make the change. Writing a will may serve to invalidate the specific provision, or even the entire last will and testament. In addition, writing or notations on a will may cause ambiguity that results in additional court intervention before the consequences of the language on the effect of the will can be determined. In addition, the will revocations process in Maryland can be more difficult.
Unintended Consequences of Revoking Will
There are numerous consequences of revoking a will in Maryland. Primarily, without a last will and testament, the laws of Maryland intestacy would determine the distribution of an individual’s assets. The laws may not be favorable to the intentions of the individual. If a person needs further guidance on will revocations in Maryland, they should contact a wills attorney.