How Do I Revoke a Will Without Creating a New one?
Full Question:
How do I cancel a will without writing another will?
01/28/2010 |
Category: Wills and Estates |
State: Washington |
#20673
Answer:
The will may be destroyed, however, it is advisable to state the intention to revoke in writing to prevent future claims of a lost or misplaced will. If you physically destroy your will, make sure you destroy the entire will; otherwise you risk an ineffective revocation. For example, if you want to write "void" on your will, write it across the face of every page, not just the first page.
Please see the following WA statute:
RCW 11.12.040
(1) A will, or any part thereof, can be revoked:
(a) By a subsequent will that revokes, or partially revokes, the prior
will expressly or by inconsistency; or
(b) By being burnt, torn, canceled, obliterated, or destroyed, with the
intent and for the purpose of revoking the same, by the testator or by
another person in the presence and by the direction of the testator. If
such act is done by any person other than the testator, the direction of
the testator and the facts of such injury or destruction must be proved by
two witnesses.
(2) Revocation of a will in its entirety revokes its codicils, unless
revocation of a codicil would be contrary to the testator's intent.
Please see the information at the following links:
http://definitions.uslegal.com/r/revocation/
Please see the forms at the following links:
