South Carolina Revocation of Will

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Multi-State
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US-0484BG
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Description

A revocation typically occurs when someone wishes to extinguish an old will due to a change in beneficiaries. Such circumstances typically occur after a divorce, remarriage, or similar change in situation. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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FAQ

The clearest manner in which this can be expressed is by including a revocation clause in the later Will, for example: `I revoke all former Wills and Testamentary dispositions and declare this to be my Last Will and Testament "my Will'. This simple clause will revoke all previous wills and codicils.

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.

A South Carolina will may be changed at any time by codicil, or amendment to the will, which must be executed in the same way as a will.

SECTION 62-2-506. Revocation by writing or by act. (2) by being burned, torn, canceled, obliterated, or destroyed, with the intent and for the purpose of revoking it by the testator or by another person in the testator's presence and by the testator's direction.

A person may revoke their will by act so that it is no longer valid. The person must intend to revoke the will and also act to revoke the will. Acceptable acts of revocation include burning, tearing, canceling, obliterating or destroying the will.

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.

Types of Revocation Revocation by operation of law. Mutual cancellation by both parties. Revoking an offer before it is accepted. Revoking an acceptance before consideration takes place.

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South Carolina Revocation of Will