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Express Revocation of Will Format: ?I declare this will to be my last will and testament, and I revoke all prior wills and codicils.? With implied revocation, there are no declarations within the will or codicil about your intention to make all prior wills and codicils null and void.
You can also contact the Superior Court for assistance in searching CourtView and ordering a copy of the will should you find a court case relating to your father's will or estate. Contact information for the Superior Court in Juneau is published in the court directory.
You can revoke your Will by destroying the original document or by making a new Will. Generally, when you make a new Will, your previous Will is no longer valid.
The implied revocation of a will, also known as a revocation by inconsistency, occurs when a testator, who already has a will, executes a new will which is inconsistent with the first and fails to include a provision expressly revoking the first will. The inconsistency between the wills revokes the first will.
The revocation clause is almost always the first clause of a Will and it is also one of the document's most important clauses. The effect of the clause is usually to revoke all former Wills made in all jurisdictions and it generally reads as follows: ?I revoke all my earlier testamentary dispositions?.
PRESUMPTION OF REVOCATION AND ITS PURPOSE UNDER CALIFORNIA LAW. Under section 6124 of the Probate Code, a ?lost will? is presumed to have been destroyed by the testator to revoke the will.
If the person who died left very little probate property, the surviving spouse is entitled to a minimum amount of the person's total property. This amount is called the spouse's elective share. It is approximately equal to one-third of the person's probate property and nonprobate property.