Revocation of Will
What is this form?
The Revocation of Will form is a legal document used to cancel a previously established will. This form is essential when an individual wishes to make significant changes in their estate planning, often due to life events such as divorce or remarriage. It extinguishes any previous will, ensuring that no earlier directives conflict with new intentions. Unlike a new will, this form specifically communicates the intent to revoke an existing document rather than create a new one.
Key components of this form
- Declaration of the Revocation: A clear statement indicating the will is being revoked.
- Identification of the Testator: The name and details of the person revoking the will.
- Reference to the Original Will: Information about the will being revoked, including its date and location.
- Signatures: Spaces for the testator's signature and dates.
Situations where this form applies
This form is appropriate in various circumstances, including when a person experiences a significant life change, such as a divorce or remarriage. It is also relevant when the testator wishes to change beneficiaries or update their estate plan without creating a new will immediately. Whenever an existing will no longer reflects the testator's current wishes, this revocation form becomes necessary.
Intended users of this form
- Individuals who have an existing will and want to cancel it.
- Those who have undergone significant life changes that affect their estate planning.
- Anyone looking to ensure their last wishes are clearly communicated and avoid potential conflicts.
Instructions for completing this form
- Clearly declare your intent to revoke the existing will at the beginning of the document.
- Provide your full name and any other identifying information.
- Reference the will you are revoking by including its date and where it is kept.
- Sign the document in the designated area and include the date of signing.
Is notarization required?
Notarization is generally not required for this form. However, certain states or situations might demand it. You can complete notarization online through US Legal Forms, powered by Notarize, using a verified video call available anytime.
Common mistakes
- Failing to mention the specific will being revoked.
- Not signing and dating the document correctly.
- Using ambiguous language that may lead to confusion about the revocation intent.
Benefits of using this form online
- Convenience: Access and complete the form at any time from anywhere.
- Editability: Make changes easily to ensure the document accurately reflects your wishes.
- Reliability: Forms are drafted by licensed attorneys, ensuring legal compliance.
Legal requirements by state
This is a general template intended for use in various states. Laws and formatting rules differ, so confirm the document meets your state’s requirements before using it.
What to keep in mind
- Use the Revocation of Will form to cancel any existing will.
- Clearly identify the will being revoked to avoid confusion.
- Ensure you follow state-specific requirements for legal validity.
Form popularity
FAQ
Creating a Holographic Will. A holographic will is a handwritten will without any witnesses. Not Having the Proper Witnesses. Not Destroying Previous Wills. Insufficient Testamentary Capacity. Not Following Your State's Will Provisions. Fraud or Undue Influence.
There are a few ways to destroy a will completely. Rewriting a will and clearly expressing your intent to terminate the former completely revokes the first will. Also, physically destroying the will by burning or shredding or any other act that destroys the will's physical form will cancel it.
A common way to revoke a will is to utterly destroy it. You can burn it, tear it, or shred it to pieces, so long as you intend to destroy the will. This applies to whether you actually destroy it, or whether someone else destroys it, at your request, and in your presence.
You may change your Will at any time during your lifetime, provided you are competent to contract (i.e., of sound mind) either by executing a codicil to your last Will or by making a fresh Will and revoking your previous Will.Also, it may be advisable to destroy your previous Will to avoid confusion.
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.
Alberta Wills can be changed at any time simply by visiting your lawyer.In some situations, wills are automatically revoked, such as when you get married. Consider making an entirely new will when you need to make major changes and using a codicil for small changes.
The Testator themselves may revoke a previous will by their own declaration in writing. One may also chose to revoke their will by destroying their copy but this action must be made clear of its intentions.
A testator who wishes to revoke his original Will which is made by him on a specified date and time, he can make revocation of the will himself by writing a subsequent Will or codicil duly executed and by destruction of the previous will.
1Revocation by another will or codicil. Most wills have a clause revoking prior wills, such as I revoke all former testamentary dispositions.2Revocation by declaration in writing.3Revocation by destruction.4Revocation by marriage.5Revocation by divorce.
