Drafting a will is often a fundamental step in estate planning. This document can help serve as a guide for surviving family members after the testator passes on, providing clarity on what they would’ve wanted for their estate and other wishes. However, the law could impose limitations and rules over these tools, impacting their enforceability in specific scenarios.
The same goes for making changes or revoking a will altogether. Most of the time, a person may need to draft a new will to amend any terms or make modifications. However, there could be some confusion if multiple versions of the will exist. To clear up any misunderstandings, revoking the obsolete version of this document can be possible by using the following methods:
- Having the testator tear or destroy it physically, expressing intent to revoke the will
- Asking another person to destroy the will at the testator’s request
- Tearing up the will according to the testator’s written instructions
- Enforcing the revocation through a codicil or updated will that meets the technical requirements for validity
Specific rules may apply when an individual decides to revoke their will, varying based on the situation and the events leading up to the revocation.
Understanding rules involving wills
Wills could be an accessible tool suitable for various people and needs, but they might only be enforceable based on the circumstances. When drafting or modifying wills, consider seeking legal counsel first. Doing so may help testators understand the relevant restrictions, including events or issues that could impact validity. This route can also help testators keep their wills legally sound and stand the test of time.
