Pennsylvania Written Revocation of Will
Description
Key Concepts & Definitions
Written Revocation of Will refers to the legal process in which a person, the testator, formally cancels or makes invalid their previously executed will. This action typically requires a new document stating the intention to revoke the prior will, followed by a proper witnessing procedure, similar to that of creating a new will.
Step-by-Step Guide
- Determine the Need for Revocation: Decide why the current will no longer reflects your wishes.
- Create a Written Revocation: Draft a document that declares your intention to revoke the will. This document should be as detailed as possible, mentioning the date of the will being revoked.
- Witness the Revocation: Have the revocation witnessed by at least two disinterested individuals who are not beneficiaries in the old or new will.
- Destroy Previous Wills: To avoid confusion, securely destroy all physical copies of the previous will.
- Consult an Attorney: Ensure legal compliance and the correct procedures are followed by consulting with a legal expert specialized in estate planning.
- Execute a New Will: If desired, draft and properly execute a new will to replace the revoked one.
Risk Analysis
- Misinterpretation: Failure to clearly state the revocation can lead to legal disputes among heirs.
- Lack of Witnesses: Not having the revocation properly witnessed may result in the revocation being contested or declared invalid.
- Incomplete Destruction: Failure to completely destroy all copies of the old will can result in unintended executions of old stipulations.
Common Mistakes & How to Avoid Them
- Neglecting to Witness: Always ensure the document revoking the will is witnessed to avoid disputes on its validity.
- Vague Language: Use clear and unambiguous terms in the revocation document to prevent misinterpretations.
- Delay in Drafting a New Will: Quickly prepare a new will to ensure your assets are managed as per your current wishes if you still intend on having a will.
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FAQ
When a person (the 'Testator') makes a valid Will, section 20 of the Wills Act 1837 states that it can only be revoked in three ways: by the Testator making another Will or codicil; by them signing a revocation provision (a professionally drafted Will will always include this provision) or by destruction.
A handwritten will may be legal in Pennsylvania depending on the individual circumstances. Under Pennsylvania state code, wills must be in writing and signed by the person making the will, known as the testator.The state of Pennsylvania therefore makes no legal distinction between a handwritten and typed will.
The testator can cancel his will at any time during his life time registered or non registered . It does not require stamp duty. If you want to cancel then make another will the fist one is automatic cancel.
Generally, you can revoke a will by (1) destroying the old will, (2) creating a new will or (3) making changes to an existing will. In some circumstances, simply giving away all or your property and assets before you die can have the effect of revoking a will (subject to estate tax penalties).
Fraud or Undue Influence A nonfamily caregiver forcing the testator to leave them an inheritance. A family member getting the testator to sign a will by pretending it is just a general legal document that needs a signature.
A will can be revoked by physical actby being burnt, torn, canceled, obliterated, or destroyed with the intention of revocation. The act must be done by the testator himself or by another person in his presence and by his express direction.
Revoke a Will In Pennsylvania By Physical Act By being burnt, torn, canceled, obliterated, or destroyed, with the intent and for the purpose of revocation, by the testator himself or by another person in his presence and by his express direction.