Tag: Revoke

If You Destroy Your Will, Do You Revoke It?

Posted May 22, 2022 by Law Office of Andrew Szocka

When you decide to destroy your will, you might wonder if this act has the effect of legally revoking the document. But if you have multiple copies of the will, how would others learn that you decided to revoke it? This question raises some important issues about making copies and then destroying a will.

Destroying a Will

People who decide that they no longer want their wills to have legal effect often choose to destroy the unwanted wills. They may plan to make a new will or simply let the laws of intestate succession take effect.

There are several ways to destroy a will: burning it, tearing it up, or shredding it, for example. Doing any of these things has the legal effect of revoking your will – meaning a court should not rely on it for directions on distributing your estate. You also could revoke a will by stating in your new will that the old one is invalid, by writing “I revoke this will” on the document and sign it, or by signing and having witnessed a new document stating that your old will is revoked.

What If There Are Multiple Copies of Your Will?

If there are multiple copies of your will, you should attempt to destroy all of them to effectively revoke the will. Otherwise, someone may take a copy of the old will to the probate court later on. Courts sometimes accept copies of wills when the original is not available. If no one knows that you intended to revoke your will by destroying the original, your true wishes may not get carried out. The court may distribute the estate according to the old will.

Because of the potential problems with revoking multiple copies of a will, it is a good idea not to share copies of your will. Anyone who receives a copy could make multiple copies without your knowledge. If you do give out copies, make sure you keep track of who receives them. Also, consider only giving copies to people who do not benefit from the will (your lawyer and your financial advisor, for example). When you do make a new will, alert the people with copies right away.

Want to start planning your estate? Local attorney Andrew Szocka, Esq. provides thorough and speedy estate planning help in the Chicagoland area. To schedule a free initial consultation, visit the Law Office of Andrew Szocka, P.C. online or call the office at (815) 455-8430.

Does Signing a New Will Revoke Your Old One?

Posted May 22, 2022 by Law Office of Andrew Szocka

When your wishes change, you may want to sign a new will and revoke the old one. But you should know how to properly make your new will so that it has legal effect.

Revoking an Old Will

There are several different ways to revoke a will, one of which is making a new will that contains a sentence saying your old will is no longer valid. The other methods of revoking a will are:

  • Destroy the will document (shredding, burning, or tearing it up are acceptable)
  • Instruct someone else to destroy the document
  • Write a new document stating that you revoke your old will and have it properly witnessed
  • Write something like “I revoke this will” on your old will and sign it

People choose to revoke their wills for many different reasons. For example, your wishes about who receives your property might change, or you might have a major life event happen (marriage, divorce, etc.).

Keep in mind that if you do revoke your will without creating a new one, the court will divide your estate among your relatives according to the order of intestate succession. Usually that means spouse, children, and other close relatives receive your money and property.

Making a New Will that Revokes the Old One

When you sign a new will, it should include a specific sentence that states that this new will revokes your old will. It is helpful to include the date of the old will or otherwise describe it in the sentence. If a lawyer prepares your will, make sure he or she includes that sentence.

If your new will does not include that sentence for some reason, the court will most likely compare your old will and your new will. Any differences in the new will should take effect, disregarding what it says in the old will. 

Finally, you should know that it is often better to make a new will than make changes to your old will. You cannot simply write the changes on the document – you need to prepare and have witnessed a separate document called a codicil. When you have significant or many changes, preparing a new will could be best. A lawyer can help you prepare a legally binding will that expresses your wishes.

Want to start planning your estate? Local attorney Andrew Szocka, Esq. provides thorough and speedy estate planning help in the Chicagoland area. To schedule a free initial consultation, visit the Law Office of Andrew Szocka, P.C. online or call the office at (815) 455-8430.