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How to Revoke a Will?

Blog, Trusts And Estates Law, Wills

What do you do if you have made a Will, but you have changed your mind and you want to revoke it? You have a few options to revoke a valid Will. You may choose to make a new valid Will that contains a clause that revokes all previous Wills. You also may burn the Will or tear it up, or otherwise destroy it with the intention of revoking it, or instruct someone to destroy it with the intention of revoking it. There is also the option for you to make a writing that declares your intention to revoke all or part of your Will.

If you make a writing stating your intention to revoke all or part of your Will, in addition to being in writing, it must be both signed by you at its end and signed by 2 or more witnesses who must be present for your signature. In addition to the above, if you have an electronic Will, you may revoke it by deleting the electronic version of the Will with the intention of revoking it.

You should be cautious that you do not accidentally revoke a Will when you do not intend to. If an original Will was last in the possession of the will-maker and it cannot be found when the will-maker dies, the presumption is that the will-maker destroyed it with the intent to revoke. This can be avoided by ensuring that the original Will is kept in a safe place that is known to the executor, such as with a lawyer’s office.

 

September 21, 2023/by Heath Law, Nanaimo Lawyers
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