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How to Revoke a Will

There are many reasons why someone would want to change or revoke a will. For example, they may have just gotten married, had a new baby, lost a life partner or loved one, or gotten a divorce. You may also have seen the rapid rise of a business enterprise. No matter what your reasons are for changing your will, the process is relatively straightforward. In this article, we’ll discuss how to revoke a will in the State of California.

Revoking a Will in the State of California

There are two basic ways for revoking or changing a will in California. You can either destroy the old will and draft a new one, or you can create a new will which cancels out the old one.

Destroying the Will

One of the most common ways to revoke a will is by physically destroying it. You can burn it, shred it, or turn it into confetti. If you have someone else destroy the will for you, they will have to do so in your presence. 

It’s worth noting that you may not be able to revoke parts of the will by voiding them. In California, amending a currently existing will is not an option. The court may treat a will that has been amended in this manner as if those sections had never been revoked. 

In almost every instance, if you want to revoke a will, your better off destroying the old one first. A court would be forced to rule on whether or not the new will is valid and that decision may not always be to your liking.

Creating a New Will

You can revoke the old will by creating a new one. Logistically, this would serve the purpose of “destroying” the old will. In practice, it creates confusion. You will have to create a new will regardless of whether you physically destroy the old will. But to avoid potential confusion, it’s always best to destroy the old will before you draft a new one.

When Should I Revoke a Will?

There are a number of circumstances when revoking a will may be necessary. These include:

Talk to a California Estate Planning Attorney Today

If you’re wondering how to revoke a will, the California estate planning attorneys at Herbert Law Office can help guide you through the process of revoking the old will and establishing a new one. Call today for more information on how we can help.

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