How can a will be revoked in Arizona?
Full Question:
I am going to marry soon. I made a will recently, but now that I’m getting married I would like to cancel my will. Could you tell how one revokes his will in Arizona?
03/10/2017 |
Category: Wills and Es... » Revocation |
State: Arizona |
#33710
Answer:
1. A will may be revoked by making a new will and expressly providing in the new will that the old will is revoked.
2. A will is revoked if the new will is inconsistent with the old will.
3. The testator may revoke the will by tearing, burning, obliterating, cancelling or destroying the will or a part of it. He may revoke the will by another person but the testator needs to be present when the other person destroys or cancels the will.
4. Even if the new will doesn’t specifically revoke the old will, if the new will is inconsistent with the old will, then the old will stands revoked.
5. If a person who has interest in the will, murders the testator then all the provision in the will with regard to such a beneficiary under the will gets cancelled as the person forfeits his interest by murdering the will.
6. If the testator divorced his/her spouse then all the provisions with regard to the spouse gets revoked in the will.
7. If the surviving spouse married the testator after the execution of the will, then the surviving spouse is entitled to receive a share that is not less than what he/she would have received had the testator died without a will unless:
2. A will is revoked if the new will is inconsistent with the old will.
3. The testator may revoke the will by tearing, burning, obliterating, cancelling or destroying the will or a part of it. He may revoke the will by another person but the testator needs to be present when the other person destroys or cancels the will.
4. Even if the new will doesn’t specifically revoke the old will, if the new will is inconsistent with the old will, then the old will stands revoked.
5. If a person who has interest in the will, murders the testator then all the provision in the will with regard to such a beneficiary under the will gets cancelled as the person forfeits his interest by murdering the will.
6. If the testator divorced his/her spouse then all the provisions with regard to the spouse gets revoked in the will.
7. If the surviving spouse married the testator after the execution of the will, then the surviving spouse is entitled to receive a share that is not less than what he/she would have received had the testator died without a will unless:
The will clearly states that the will was made in contemplation of the testator's marriage to the surviving spouse.
The will states that the testator wants the will be remain unaffected even if there is any subsequent marriage.
The testator has provided for the surviving spouse outside the will with the intent that the transfer is lieu of a testamentary provision.8. if the testator doesn’t provide for the a child who is born or adopted after the execution of the will then such a child would receive a share equal to what he would have received had the testator had made no will unless:
The will states that the testator wants the will be remain unaffected even if there is any subsequent marriage.
The testator has provided for the surviving spouse outside the will with the intent that the transfer is lieu of a testamentary provision.8. if the testator doesn’t provide for the a child who is born or adopted after the execution of the will then such a child would receive a share equal to what he would have received had the testator had made no will unless:
the will shows that the testator has transferred substantial or the whole of his estate to the other parent of such child.
“Revocation of will; requirements
A. A testator may revoke a will in whole or in part:
1. By executing a subsequent will that revokes the previous will or part expressly or by inconsistency.
2. By performing a revocatory act on the will if the testator performs the act with this intent or if another person performs the act in the testator's conscious presence and by the testator's direction. For purposes of this paragraph, "revocatory act on the will" includes burning, tearing, canceling, obliterating or destroying the will or any part of it. A burning, tearing or canceling is a revocatory act on the will whether or not the burn, tear or cancellation touched any of the words on the will.
B. If a subsequent will does not expressly revoke a previous will, the execution of the subsequent will wholly revokes the previous will by inconsistency if the testator intended the subsequent will to replace rather than supplement the previous will.
C. The testator is presumed to have intended a subsequent will to replace rather than supplement a previous will if the subsequent will makes a complete disposition of the testator's estate. If this presumption arises and is not rebutted by clear and convincing evidence, the previous will is revoked and only the subsequent will is operative on the testator's death.
D. The testator is presumed to have intended a subsequent will to supplement rather than replace a previous will if the subsequent will does not make a complete disposition of the testator's estate. If this presumption arises and is not rebutted by clear and convincing evidence, the subsequent will revokes the previous will only to the extent the subsequent will is inconsistent with the previous will and each will is fully operative on the testator's death to the extent they are not inconsistent.”
A.R.S. § 14-2803:
A. A testator may revoke a will in whole or in part:
1. By executing a subsequent will that revokes the previous will or part expressly or by inconsistency.
2. By performing a revocatory act on the will if the testator performs the act with this intent or if another person performs the act in the testator's conscious presence and by the testator's direction. For purposes of this paragraph, "revocatory act on the will" includes burning, tearing, canceling, obliterating or destroying the will or any part of it. A burning, tearing or canceling is a revocatory act on the will whether or not the burn, tear or cancellation touched any of the words on the will.
B. If a subsequent will does not expressly revoke a previous will, the execution of the subsequent will wholly revokes the previous will by inconsistency if the testator intended the subsequent will to replace rather than supplement the previous will.
C. The testator is presumed to have intended a subsequent will to replace rather than supplement a previous will if the subsequent will makes a complete disposition of the testator's estate. If this presumption arises and is not rebutted by clear and convincing evidence, the previous will is revoked and only the subsequent will is operative on the testator's death.
D. The testator is presumed to have intended a subsequent will to supplement rather than replace a previous will if the subsequent will does not make a complete disposition of the testator's estate. If this presumption arises and is not rebutted by clear and convincing evidence, the subsequent will revokes the previous will only to the extent the subsequent will is inconsistent with the previous will and each will is fully operative on the testator's death to the extent they are not inconsistent.”
“ Murder of decedent; effect; federal law; definitions
A. A person who feloniously and intentionally kills the decedent forfeits all benefits under this chapter with respect to the decedent's estate, including an intestate share, an elective share, an omitted spouse's or child's share, a homestead allowance, exempt property and a family allowance. If the decedent died intestate, the decedent's intestate estate passes as if the killer disclaimed that person's intestate share.
B. The felonious and intentional killing of the decedent:
1. Revokes any revocable:
(a) Disposition or appointment of property made by the decedent to the killer in a governing instrument.”
A. A person who feloniously and intentionally kills the decedent forfeits all benefits under this chapter with respect to the decedent's estate, including an intestate share, an elective share, an omitted spouse's or child's share, a homestead allowance, exempt property and a family allowance. If the decedent died intestate, the decedent's intestate estate passes as if the killer disclaimed that person's intestate share.
B. The felonious and intentional killing of the decedent:
1. Revokes any revocable:
(a) Disposition or appointment of property made by the decedent to the killer in a governing instrument.”
A.R.S. § 14-2804:
“Termination of marriage; effect; revocation of probate and nonprobate transfers; federal law; definitions
A. Except as provided by the express terms of a governing instrument, a court order or a contract relating to the division of the marital estate made between a divorced couple before or after the marriage, divorce or annulment, the divorce or annulment of a marriage:
1. Revokes any revocable:
(a) Disposition or appointment of property made by a divorced person to that person's former spouse in a governing instrument and any disposition or appointment created by law or in a governing instrument to a relative of the divorced person's former spouse.
(b) Provision in a governing instrument conferring a general or nongeneral power of appointment on the divorced person's former spouse or on a relative of the divorced person's spouse.
(c) Nomination in a governing instrument that nominates a divorced person's former spouse or a relative of the divorced person's former spouse to serve in any fiduciary or representative capacity, including a personal representative, executor, trustee, conservator, agent or guardian.
2. Severs the interests of the former spouses in property held by them at the time of the divorce or annulment as joint tenants with the right of survivorship or as community property with the right of survivorship and transforms the interests of the former spouses into tenancies in common.
B. A severance under subsection A, paragraph 2 of this section does not affect any third party interest in property acquired for value and in good faith reliance on an apparent title by survivorship in the survivor of the former spouses unless a writing declaring the severance has been noted, registered, filed or recorded in records appropriate to the kind and location of the property that a person relied on as evidence of ownership in the ordinary course of transactions involving that property.
C. Provisions of a governing instrument are given effect as if the former spouse and relatives of the former spouse disclaimed all provisions revoked by this section or, in the case of a revoked nomination in a fiduciary or representative capacity, as if the former spouse and relatives of the former spouse died immediately before the divorce or annulment.
D. Provisions revoked solely by this section are revived by the divorced person's remarriage to the former spouse or by a nullification of the divorce or annulment.
E. No change of circumstances other than as described in this section and in section 14-2803 effects a revocation.”
A.R.S. § 14-2301:
A. Except as provided by the express terms of a governing instrument, a court order or a contract relating to the division of the marital estate made between a divorced couple before or after the marriage, divorce or annulment, the divorce or annulment of a marriage:
1. Revokes any revocable:
(a) Disposition or appointment of property made by a divorced person to that person's former spouse in a governing instrument and any disposition or appointment created by law or in a governing instrument to a relative of the divorced person's former spouse.
(b) Provision in a governing instrument conferring a general or nongeneral power of appointment on the divorced person's former spouse or on a relative of the divorced person's spouse.
(c) Nomination in a governing instrument that nominates a divorced person's former spouse or a relative of the divorced person's former spouse to serve in any fiduciary or representative capacity, including a personal representative, executor, trustee, conservator, agent or guardian.
2. Severs the interests of the former spouses in property held by them at the time of the divorce or annulment as joint tenants with the right of survivorship or as community property with the right of survivorship and transforms the interests of the former spouses into tenancies in common.
B. A severance under subsection A, paragraph 2 of this section does not affect any third party interest in property acquired for value and in good faith reliance on an apparent title by survivorship in the survivor of the former spouses unless a writing declaring the severance has been noted, registered, filed or recorded in records appropriate to the kind and location of the property that a person relied on as evidence of ownership in the ordinary course of transactions involving that property.
C. Provisions of a governing instrument are given effect as if the former spouse and relatives of the former spouse disclaimed all provisions revoked by this section or, in the case of a revoked nomination in a fiduciary or representative capacity, as if the former spouse and relatives of the former spouse died immediately before the divorce or annulment.
D. Provisions revoked solely by this section are revived by the divorced person's remarriage to the former spouse or by a nullification of the divorce or annulment.
E. No change of circumstances other than as described in this section and in section 14-2803 effects a revocation.”
“Entitlement of spouse; premarital will
A. If a testator's surviving spouse married the testator after the testator executed a will, the surviving spouse is entitled to receive as an intestate share that is not less than the value of the share of the estate the spouse would have received if the testator had died intestate as to any portion of the testator's estate that neither is devised to a child of the testator who was born before the testator married the surviving spouse and who is not a child of the surviving spouse nor is devised to a descendant of that child or that passes under section 14-2603 or 14-2604 to that child or to a descendant of that child, unless:
1. It appears from the will or other evidence that the will was made in contemplation of the testator's marriage to the surviving spouse.
2. The will expresses the intention that it is to be effective notwithstanding any subsequent marriage.
3. The testator provided for the spouse by transfer outside the will and the intent that the transfer is in lieu of a testamentary provision is shown by the testator's statements or can be reasonably inferred from the amount of the transfer or other evidence.
B. In satisfying the share provided by subsection A of this section, any devises made by the will to the testator's surviving spouse are applied first. Other devises abate pursuant to section 14-3902 unless the devise is to a child of the testator who was born before the testator married the surviving spouse and who is not a child of the surviving spouse or is a devise or substitute gift under section 14-2603 or 14-2604 to a descendant of that child.”
A. If a testator's surviving spouse married the testator after the testator executed a will, the surviving spouse is entitled to receive as an intestate share that is not less than the value of the share of the estate the spouse would have received if the testator had died intestate as to any portion of the testator's estate that neither is devised to a child of the testator who was born before the testator married the surviving spouse and who is not a child of the surviving spouse nor is devised to a descendant of that child or that passes under section 14-2603 or 14-2604 to that child or to a descendant of that child, unless:
1. It appears from the will or other evidence that the will was made in contemplation of the testator's marriage to the surviving spouse.
2. The will expresses the intention that it is to be effective notwithstanding any subsequent marriage.
3. The testator provided for the spouse by transfer outside the will and the intent that the transfer is in lieu of a testamentary provision is shown by the testator's statements or can be reasonably inferred from the amount of the transfer or other evidence.
B. In satisfying the share provided by subsection A of this section, any devises made by the will to the testator's surviving spouse are applied first. Other devises abate pursuant to section 14-3902 unless the devise is to a child of the testator who was born before the testator married the surviving spouse and who is not a child of the surviving spouse or is a devise or substitute gift under section 14-2603 or 14-2604 to a descendant of that child.”
A.R.S. § 14-2302:
“Omitted children; shares; definition
A. Except as provided in subsection C of this section, if a testator fails to provide by will for a child who is born or adopted after the testator executes the will, the omitted child receives a share in the estate as follows:
1. If the testator had no child living when the testator executed the will, an omitted child receives a share in the estate equal in value to what the child would have received if the testator had died intestate, unless the will devised all or substantially all of the estate to the other parent of the omitted child and that other parent survives the testator and is entitled to take under the will.
2. If the testator had one or more children living when the testator executed the will and the will devised property or an interest in property to one or more of the then-living children, an omitted child is entitled to share in the testator's estate as follows:
(a) The portion of the testator's estate in which the omitted child is entitled to share is limited to devises made to the testator's then-living children under the will.
(b) As limited under subdivision (a) of this paragraph, the omitted child is entitled to receive the share of the testator's estate that the child would have received if the testator had included all omitted children with the children to whom devises were made under the will and had given an equal share of the estate to each child.
B. To the extent feasible, the interest granted an omitted child under subsection A, paragraph 2 of this section shall be of the same character, whether equitable or legal, present or future, as that devised to the testator's then-living children under the will.
C. In satisfying a share prescribed by subsection A, paragraph 2 of this section, devises to the testator's children who were living when the will was executed abate ratably. In abating the devises of the then-living children, the court shall preserve to the maximum extent possible the character of the testamentary plan adopted by the testator.
D. Subsection A of this section does not apply if either of the following is true:
1. It appears from the will that the omission was intentional.
2. The testator provided for the omitted child by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision is shown by the testator's statements or can be reasonably inferred from the amount of the transfer or other evidence.
E. If at the time the testator executed the will the testator fails to provide by will for a living child solely because the testator believes the child to be dead, the child is entitled to share in the estate as if the child were an omitted after-born or after-adopted child.
F. In satisfying a share provided by subsection A, paragraph 1 of this section, devises made by the will abate under section 14-3902.
G. For the purposes of this section, "omitted child" means a child who was born or adopted after the testator executed a will.”
A. Except as provided in subsection C of this section, if a testator fails to provide by will for a child who is born or adopted after the testator executes the will, the omitted child receives a share in the estate as follows:
1. If the testator had no child living when the testator executed the will, an omitted child receives a share in the estate equal in value to what the child would have received if the testator had died intestate, unless the will devised all or substantially all of the estate to the other parent of the omitted child and that other parent survives the testator and is entitled to take under the will.
2. If the testator had one or more children living when the testator executed the will and the will devised property or an interest in property to one or more of the then-living children, an omitted child is entitled to share in the testator's estate as follows:
(a) The portion of the testator's estate in which the omitted child is entitled to share is limited to devises made to the testator's then-living children under the will.
(b) As limited under subdivision (a) of this paragraph, the omitted child is entitled to receive the share of the testator's estate that the child would have received if the testator had included all omitted children with the children to whom devises were made under the will and had given an equal share of the estate to each child.
B. To the extent feasible, the interest granted an omitted child under subsection A, paragraph 2 of this section shall be of the same character, whether equitable or legal, present or future, as that devised to the testator's then-living children under the will.
C. In satisfying a share prescribed by subsection A, paragraph 2 of this section, devises to the testator's children who were living when the will was executed abate ratably. In abating the devises of the then-living children, the court shall preserve to the maximum extent possible the character of the testamentary plan adopted by the testator.
D. Subsection A of this section does not apply if either of the following is true:
1. It appears from the will that the omission was intentional.
2. The testator provided for the omitted child by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision is shown by the testator's statements or can be reasonably inferred from the amount of the transfer or other evidence.
E. If at the time the testator executed the will the testator fails to provide by will for a living child solely because the testator believes the child to be dead, the child is entitled to share in the estate as if the child were an omitted after-born or after-adopted child.
F. In satisfying a share provided by subsection A, paragraph 1 of this section, devises made by the will abate under section 14-3902.
G. For the purposes of this section, "omitted child" means a child who was born or adopted after the testator executed a will.”