What is the Tennessee law on revocation of will?
Full Question:
Few years back on my 50th birthday, I had made a will that I wanna revoke. How do I go about doing that per the law in Tennessee?
02/13/2017 |
Category: Wills and Es... ยป Revocation |
State: Tennessee |
#32049
Answer:
- A subsequent will is made or
- A document of revocation is made in this regard or
- The old will is burned, torn, cancelled, obliterated or destroyed, with the intention and for the purpose of revoking the old will or
- If the testator has a subsequent marriage and a child is born to the testator after such marriage.Furthermore, a divorce or annulment of such subsequent marriage may not revive the prior will. The relevant statutory provision in this regard is stated below.
“Actions effecting a revocation of will:
A will or any part thereof is revoked by:
(1) A subsequent will, other than a nuncupative will, that revokes the prior will or part expressly or by inconsistency;
(2) Document of revocation, executed with all the formalities of an attested will or a holographic will, but not a nuncupative will, that revokes the prior will or part expressly;
(3) Being burned, torn, cancelled, obliterated or destroyed, with the intent and for the purpose of revoking it, by the testator or by another person in the testator's presence and by the testator's direction; or
(4) Both the subsequent marriage and the birth of a child of the testator, but divorce or annulment of the subsequent marriage does not revive a prior will.”
A will or any part thereof is revoked by:
(1) A subsequent will, other than a nuncupative will, that revokes the prior will or part expressly or by inconsistency;
(2) Document of revocation, executed with all the formalities of an attested will or a holographic will, but not a nuncupative will, that revokes the prior will or part expressly;
(3) Being burned, torn, cancelled, obliterated or destroyed, with the intent and for the purpose of revoking it, by the testator or by another person in the testator's presence and by the testator's direction; or
(4) Both the subsequent marriage and the birth of a child of the testator, but divorce or annulment of the subsequent marriage does not revive a prior will.”
