How can a will be revoked in Idaho?
Full Question:
I want to revoke my will due to some personal reasons. What is the Law in Idaho on Revocation of wills?
03/10/2017 |
Category: Wills and Es... ยป Revocation |
State: Idaho |
#33715
Answer:
1.The testator can revoke his/her will by making a new will and stating in it that the old will is revoked.
2.If the new will is inconsistent with the old will, then also the old will get revoked.
3.A will may be revoked by being burned, torn, canceled, obliterated or destroyed with an intention of revoking the will. This way of revoking can be done either by the testator or by another person in the presence and direction of the testator.
4.If divorce happens between the testator and the spouse then all the provisions, relating to the spouse gets revoked in the will.
5.Revocation of the subsequent will doesn’t not revive the old will unless the testator expresses his intention of reviving back the old when he revokes his subsequent will.
6.A revoked will is revived on republication.
7.If the testator fails to provide for his surviving spouse who married the testator after the execution of the will, the surviving spouse will receive the same share what he/she would have received in case the testator would have died without leaving a will unless:
2.If the new will is inconsistent with the old will, then also the old will get revoked.
3.A will may be revoked by being burned, torn, canceled, obliterated or destroyed with an intention of revoking the will. This way of revoking can be done either by the testator or by another person in the presence and direction of the testator.
4.If divorce happens between the testator and the spouse then all the provisions, relating to the spouse gets revoked in the will.
5.Revocation of the subsequent will doesn’t not revive the old will unless the testator expresses his intention of reviving back the old when he revokes his subsequent will.
6.A revoked will is revived on republication.
7.If the testator fails to provide for his surviving spouse who married the testator after the execution of the will, the surviving spouse will receive the same share what he/she would have received in case the testator would have died without leaving a will unless:
The testator has made some transfer outside the will to be in lieu of a testamentary provision.
8.If the testator fails to provide for the child that was born or adopted after the execution of the will then the child would receive a share which he would have received in case the testator had died without a will unless:
The will shows that the testator intentionally omitted the child
The will shows that at the time of the execution of the will the testator had one or more kids and the testator transferred majority or whole of his/her estate to the other parent of the child.
The will shows that at the time of the execution of the will the testator had one or more kids and the testator transferred majority or whole of his/her estate to the other parent of the child.
For further knowledge on wills and revocation, please have a look at the relevant probate laws in Idaho:
“Revocation by writing or by act
A will or any part thereof is revoked:
(a) By a subsequent will which revokes the prior will or part expressly or by inconsistency; or
(b) By being burned, torn, canceled, 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.
(c) The revocation of a will executed in duplicate may be accomplished by revoking one (1) of the duplicates.”
A will or any part thereof is revoked:
(a) By a subsequent will which revokes the prior will or part expressly or by inconsistency; or
(b) By being burned, torn, canceled, 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.
(c) The revocation of a will executed in duplicate may be accomplished by revoking one (1) of the duplicates.”
Idaho Code § 15-2-508:
“Revocation by divorce -- No revocation by other changes of circumstances
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 within the meaning of subsection (b) of section 15-2-802 of this code. 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 within the meaning of subsection (b) of section 15-2-802 of this code. 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.”
Idaho Code § 15-2-509:
“Revival of revoked will
(a) If a second will which, had it remained effective at death, would have revoked the first will in whole or in part, is thereafter revoked by acts under section 15-2-507 of this chapter, the first will is revoked in whole or in part unless it is evident from the circumstances of the revocation of the second will or from testator's contemporary or subsequent declarations that he intended the first will to take effect as executed.
(b) If a second will which, had it remained effective at death, would have revoked the first will in whole or in part, is thereafter revoked by a third will, the first will is revoked in whole or in part, except to the extent it appears from the terms of the third will that the testator intended the first will to take effect.
(c) Republication of a revoked will revives such will.”
Idaho Code § 15-2-301:
(a) If a second will which, had it remained effective at death, would have revoked the first will in whole or in part, is thereafter revoked by acts under section 15-2-507 of this chapter, the first will is revoked in whole or in part unless it is evident from the circumstances of the revocation of the second will or from testator's contemporary or subsequent declarations that he intended the first will to take effect as executed.
(b) If a second will which, had it remained effective at death, would have revoked the first will in whole or in part, is thereafter revoked by a third will, the first will is revoked in whole or in part, except to the extent it appears from the terms of the third will that the testator intended the first will to take effect.
(c) Republication of a revoked will revives such will.”
“Omitted spouse
(a) If a testator fails to provide by will for his surviving spouse who married the testator after the execution of the will, the omitted spouse shall receive the same share of the estate he would have received if the decedent left no will unless it appears from the will that the omission was intentional or the testator provided for the spouse by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision is shown by statements of the testator or from the amount of the transfer or other evidence.
(b) In satisfying a share provided by this section, the devises made by the will abate as provided in section 15-3-902 of this code.”
(a) If a testator fails to provide by will for his surviving spouse who married the testator after the execution of the will, the omitted spouse shall receive the same share of the estate he would have received if the decedent left no will unless it appears from the will that the omission was intentional or the testator provided for the spouse by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision is shown by statements of the testator or from the amount of the transfer or other evidence.
(b) In satisfying a share provided by this section, the devises made by the will abate as provided in section 15-3-902 of this code.”
Idaho Code § 15-2-302:
“Pretermitted children
(a) If a testator fails to provide in his will for any of his children born or adopted after the execution of his will, the omitted child receives a share in the estate equal in value to that which he would have received if the testator had died intestate unless:
(1) it appears from the will that the omission was intentional;
(2) when the will was executed the testator had one (1) or more children and devised substantially all his estate to the other parent of the omitted child; or
(3) the testator provided for the child by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision is shown by statements of the testator or from the amount of the transfer or other evidence.
(b) If at the time of execution of the will the testator fails to provide in his will for a living child solely because he believes the child to be dead, the child receives a share in the estate equal in value to that which he would have received if the testator had died intestate.
(c) In satisfying a share provided by this section, the devises made by the will abate as provided in section 15-3-902 of this code.”
(a) If a testator fails to provide in his will for any of his children born or adopted after the execution of his will, the omitted child receives a share in the estate equal in value to that which he would have received if the testator had died intestate unless:
(1) it appears from the will that the omission was intentional;
(2) when the will was executed the testator had one (1) or more children and devised substantially all his estate to the other parent of the omitted child; or
(3) the testator provided for the child by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision is shown by statements of the testator or from the amount of the transfer or other evidence.
(b) If at the time of execution of the will the testator fails to provide in his will for a living child solely because he believes the child to be dead, the child receives a share in the estate equal in value to that which he would have received if the testator had died intestate.
(c) In satisfying a share provided by this section, the devises made by the will abate as provided in section 15-3-902 of this code.”