How can I revoke a will in Wyoming?
Full Question:
I made a will of my properties in Wyoming in favor of my niece long ago. If I made a will in favor of my daughter will it revoke the previous will?
03/10/2017 |
Category: Wills and Es... ยป Revocation |
State: Wyoming |
#33711
Answer:
- A will can be revoked by a subsequent will which revokes the prior will or part expressly or by inconsistence.
- A testator or another person in his presence and by his direction can revoke the will by being burned, torn, cancelled, obliterated or destroyed with the intent and for the purpose of revoking it by the.
- If a divorce or annulment is obtained after executing a Will, any provisions relating to the former spouse are revoked. If there is a remarriage of the spouse the Will is revived.
- A Decree of Separation of Husband and Wife do not revoke the Will of the spouses.
Wyo. Stat. § 2-6-117
Revocation by writing or by act.
“(a) A will or any part thereof is revoked:
(i) By a subsequent will which revokes the prior will or part expressly or by inconsistence; or
(ii) By 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 his presence and by his direction.”
Wyo. Stat. § 2-6-118
“(a) A will or any part thereof is revoked:
(i) By a subsequent will which revokes the prior will or part expressly or by inconsistence; or
(ii) By 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 his presence and by his direction.”
Revocation by divorce or annulment; effect; revival; other changes excluded.
“If after executing a will the testator is divorced or his marriage annulled, the divorce or annulment revokes any disposition or appointment of property made by the will to the former spouse, any provision conferring a general or special power of appointment on the former spouse, and any nomination of the former spouse as executor, trustee, conservator or guardian, unless the will expressly provides otherwise. Property prevented from passing to a former spouse because of revocation by divorce or annulment passes as if the former spouse failed to survive the decedent, and other provisions conferring some power or office on the former spouse are interpreted as if the spouse failed to survive the decedent. If provisions are revoked solely by this section, they are revived by testator's remarriage to the former spouse. For purposes of this section, divorce or annulment means any divorce or annulment which would exclude the spouse as a surviving spouse. A decree of separation which does not terminate the status of husband and wife is not a divorce for purposes of this section. No change of circumstances other than as described in this section revokes a will.”
“If after executing a will the testator is divorced or his marriage annulled, the divorce or annulment revokes any disposition or appointment of property made by the will to the former spouse, any provision conferring a general or special power of appointment on the former spouse, and any nomination of the former spouse as executor, trustee, conservator or guardian, unless the will expressly provides otherwise. Property prevented from passing to a former spouse because of revocation by divorce or annulment passes as if the former spouse failed to survive the decedent, and other provisions conferring some power or office on the former spouse are interpreted as if the spouse failed to survive the decedent. If provisions are revoked solely by this section, they are revived by testator's remarriage to the former spouse. For purposes of this section, divorce or annulment means any divorce or annulment which would exclude the spouse as a surviving spouse. A decree of separation which does not terminate the status of husband and wife is not a divorce for purposes of this section. No change of circumstances other than as described in this section revokes a will.”