How can a will be revoked in Virginia?
Full Question:
I shifted to Virginia a year ago and made a will soon after I shifted here. Now I want to revoke my will and make a new one. Does a subsequent will revoke a prior will? Tell me the other ways I can revoke my will.
03/16/2017 |
Category: Wills and Es... ยป Revocation |
State: Virginia |
#34050
Answer:
Generally, testator can revoke his will himself or through some another person but in his presence, by cutting, burning, obliterating, cancelling the will, or any signature in the will.
Another way of revocation would be creation of a new will or a writing made in the manner a will is executed. In the subsequent will it can be clearly stated that the former will is revoked. This would be an express revocation.
An inconsistent subsequent will would also result in the revocation of the former will even if the subsequent will doesn’t expressly revoke the former will.
A will once revoked cannot be revived back unless it is re executed in the manner required by law. Such revival operates only to the extent that the testator's intent to revive the will or codicil is made clear.
If the testator divorces his spouse or if the marriage is declared invalid or dissolved or annulled, then all the provision that grants any interest to the former spouse are revoked unless the will states contrary.
If the surviving spouse married the testator after the execution of the will, and the will has no mention of such surviving spouse, then such spouse would receive share equal to what they would have got had there been no will unless it is clear from the will that the testator intentionally omitted such spouse from the will.
If the testator makes a will when he has no children or adopts or has kids after making his/her will, and such kids are not included or specifically excluded from the will then such kids would be entitled to receive a share which they would have got if there was no will.For more information on revocation of wills, please read the relevant statutory provisions mentioned below.
Va. Code Ann. § 64.2-410:
Revocation of wills generally
A. If a testator with the intent to revoke a will or codicil, or some person at his direction and in his presence, cuts, tears, burns, obliterates, cancels, or destroys a will or codicil, or the signature thereto, or some provision thereof, such will, codicil, or provision thereof is void and of no effect.
B. If a testator executes a will in the manner required by law or other writing in the manner in which a will is required to be executed that expressly revokes a former will, such former will, including any codicil thereto, is void and of no effect.
C. If a testator executes a will or codicil in the manner required by law that (i) expressly revokes a part, but not all, of a former will or codicil or (ii) contains provisions inconsistent with a former will or codicil, such former will or codicil is revoked and superseded to the extent of such express revocation or inconsistency if the later will or codicil is effective upon the death of the testator.
Va. Code Ann. § 64.2-411:
Revival of wills after revocation
Any will or codicil, or any part thereof that has been revoked pursuant to § 64.2-410 shall not be revived unless such will or codicil is reexecuted in the manner required by law. Such revival operates only to the extent that the testator's intent to revive the will or codicil is shown.
Va. Code Ann. § 64.2-412:
Revocation by divorce or annulment; revival upon remarriage; no revocation by other change
A. If, after making a will, the testator is divorced from the bond of matrimony or his marriage is annulled, the divorce or annulment revokes any disposition or appointment of property made by the will to the former spouse. Unless the will expressly provides otherwise, any provision conferring a general or special power of appointment on the former spouse or nominating the former spouse as executor, trustee, conservator, or guardian is also revoked.
B. Property prevented from passing to a former spouse because of revocation pursuant to this section shall pass as if the former spouse failed to survive the testator. Provisions of a will conferring a power or office on the former spouse shall be interpreted as if the former spouse failed to survive the testator.
C. If the provisions of the will are revoked solely pursuant to this section, and there is no subsequent will or inconsistent codicil, the provisions shall be revived upon the testator's remarriage to the former spouse.
D. Except as provided in this section, no change of circumstances shall be deemed to revoke a will.
Va. Code Ann. § 64.2-413:
Effect of subsequent conveyance on will
Except for an act that results in the revocation of a will pursuant to this article, any conveyance or other act done subsequent to the execution of a will shall not prevent the operation of the will with respect to such interest in the estate as the testator may have power to dispose of by will at the time of his death.
Va. Code Ann. § 64.2-204 :
Afterborn heirs
Relatives of the decedent conceived before his death but born thereafter, and children resulting from assisted conception born after the decedent's death who are determined to be relatives of the decedent as provided in Chapter 9 (§ 20-156 et seq.) of Title 20, shall inherit as if they had been born during the lifetime of the decedent.
Va. Code Ann. § 64.2-422:
When omitted spouse to take intestate portion
If a testator fails to provide by will for a surviving spouse who married the testator after the execution of the will, the omitted spouse shall receive the same share of the estate such spouse would have received if the decedent left no will, unless it appears from the will or from the provisions of a valid premarital or marital agreement that the omission was intentional.
Va. Code Ann. § 64.2-419:
Provision for omitted children when no child living when will made
A. If a testator executes a will when the testator has no children, a child born or adopted after the execution of the testator's will, or any descendant of his, who is neither provided for nor mentioned in the will is entitled to such portion of the testator's estate as he would have been entitled to if the testator had died intestate.
B. The devisees and legatees shall contribute ratably to the portion of the testator's estate to which the afterborn or after-adopted child is entitled, either in kind or in money, out of what is devised and bequeathed to them, as the court deems proper. However, if such afterborn or after-adopted child, or any descendant of his, dies unmarried, without issue, and before reaching 18 years of age, his portion of the estate, or so much of his portion as may remain unexpended, shall revert to the person to whom it was given by the will.
Va. Code Ann. § 64.2-420:
Provision for omitted children when child living when will made
A. If a testator executes a will that makes provision for a living child of the testator, a child born or adopted after execution of a testator's will who is neither provided for nor expressly excluded by the will is entitled to the lesser of (i) such portion of the testator's estate as the afterborn or after-adopted child would have been entitled to if the testator had died intestate or (ii) the equivalent in amount to any bequests and devises to any child named in the will, and if there are bequests or devises to more than one child, then to the largest aggregate bequest or devise to any child.
B. The devisees and legatees of the testator's will shall contribute ratably to the portion of the testator's estate to which the afterborn or after-adopted child is entitled, either in kind or in money, out of what is devised and bequeathed to them, as the court deems proper. However, if such afterborn or after-adopted child dies unmarried, without issue, and before reaching 18 years of age, his portion of the estate, or so much of his portion as may remain unexpended, shall revert to the person to whom it was given by the will.
