Revocation of a Will in Montgomery County

In order to revoke a will in Montgomery County, the person who created the will, the Testator, basically nullifies the document and no longer wants it in place. In other words, it is invalid. A will can be revoked in numerous ways. For example, it can be crossed out, ripped up, thrown away, or it can even be revoked by a new will. However, it is important to understand the legal implications prior to revoking a will. Therefore, if you are considering a revocation, it is important to consult an experienced wills attorney.

How to Revoke a Will in Montgomery County

A will can be revoked by physically destroying it, ripping it up, throwing it away, burning it, and by writing a new will. Typically, when someone writes a new will there is a statement in the new document that states that it revokes the prior will.

Writing a new will is generally the most prudent way to revoke a will. This generally leaves no question as to the Testator’s intent with respect to the former will. It is an explicit way to show those reading the new document that the prior will is no longer valid and has been revoked.

When Would Someone Invalidate a Will?

Usually wills are revoked when there are items or provisions that the Testator no longer feels comfortable with. For example, a person may want to change the beneficiaries or how the funds are distributed to existing beneficiaries. An example would be a couple that leaves assets to their children when they are minors but needs to change the distribution once the children are grown.

A common scenario would be that once the children are full grown adults, instead of keeping those assets in trust for them, they decide that they would prefer their adult children to have assets distributed to them outright. An attorney can further explain when it may be appropriate to change a will.

Important Considerations

There are some important factors a person should consider prior to revoking a will. An attorney can help guide an individual through the process of revoking a will to make sure their wishes are accurately reflected.

When to Revoke a Will

Whether a person should wait until their new will is drafted before revoking a prior will depends on what the person hopes to accomplish with a new will. If there is a clause in their original will that they do not want to happen under any circumstances, then they may want to revoke their will before their new will is in place. Generally, it is better to hold off for a short period of time until they have a new will in place.

Unintended Consequences

There can be unintended consequences of revoking a will, depending on the circumstances of the revocation. If a person inadvertently destroys or throws their will away, it would appear that the will has been revoked. If an original Will cannot be found, there is a presumption that the Testator revoked it. If a will is accidentally revoked, it can be extremely difficult to prove its validity.

Learn More About the Revocation of a Will in Montgomery County

Working with a professional is important when revoking a will in Montgomery County. Otherwise, it is easy to make a mistake that can have lasting repercussions. To discuss whether revoking a will is the right option for you, call today for a consultation.