There can be a few reasons due to family situations that might make you want to cancel or revoke a will that has already been made either by you or maybe your parents. If you want to know everything about the procedure and eligibility for revoking a will, then this is the right post for you.
Revoking a will means that you are destroying an already created will either partially or permanently. Once a will is revoked, it becomes void which means that it will lose its value and power. As a result of this, the testator has to write another will to make it valid.
To cancel or revoke a will, the testator can either officially revoke it and create a new will, or else, the will can also be revoked by destroying it physically by any means possible.
Keep reading to know in detail about who can revoke a will and what are all the possible ways to do it.
Who Can Revoke A Will?
It is only the testator of the will who has the authority to revoke the will that he/she has created. As long as the testator is alive, the will can be revoked anytime and a new will can be created. Once the testator dies, there is no one else who can officially revoke the existing will without any considerable reason.
Even if you are the power of attorney, you still do not have any right to revoke a will that the testator has created.
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Does A New Will Cancel An Old Will?
A new will can be created only after the old will has already been revoked. So, this doesn’t make any sense as the testator will create a new will only if they realize that their existing will needs amendments.
We already know that two wills from the same person over the same fortune/property cannot be applied altogether, so the Old Will has obviously to be revoked first.
How To Tell If A Will Was Revoked Or Replaced?
If an existing will is destroyed or revoked and a new will is created for its replacement, it is usually mentioned in the new will that the older one has been revoked. So, on looking at the new will, you will most probably find out that there was another will that existed before.
In What Ways Can A Will Be Revoked?
In general, there are mainly two possible ways that can lead to the revocation of a will that already exists. So, a testator can revoke a will in the following ways:
1. Revocation Of The Will By The Testator
There can be a case that the testator himself has changed his mind and wants to make amendments to the will he created. In that case, the will that was signed by the testator can be revoked by him and a new will can be created in return.
2. Revocation Of The Will By Physical Act
Another method of revoking a will is physically destroying it. If the will doesn’t exist in the world, how will any decisions be made on the basis of it? So, if you just simply rip off the Will papers, burn the will, or just throw it in the river, it will be destroyed.
All you have to make sure that there is not any provision of the will that can prove its existence, in that case, even destroying the original will is not going to revoke it.
How Much Does It Cost To Cancel A Will?
As a will is considered void/null once it has been destroyed, all you have to do is destroy the will completely, you will not need to pay anything to cancel the will.
However, once the will has been revoked, there will be the need for creating a new will for its replacement. And for this purpose, you will need to hire a lawyer. A lawyer usually charges somewhere between $1200 and $1500 to write a will for you and make it properly signed and witnessed so that it becomes valid.
Unless and until you have a lawyer in family or friends, you will have to pay the fee for the lawyer to create a valid will for you.
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Is It A Crime To Conceal Or Destroy A Will?
Yes, concealing a will as well as destroying a will is considered a crime and the person is guilty of a Class 6 felony. If you have done any such act, you are only safe as long as no one else is aware of it and has not informed others about your crime.
What Is The Penalty For Destroying A Will?
If someone is believed to have destroyed a will as a fraudulent act or has concealed a will or even codicil, then the person is taken as guilty of a felony (class 6). This can lead to the confinement of the accused in the penitentiary for a minimum of one year and a maximum of five years.
FAQs
Can A Will Be Revoked After Death?
After the death of the testator, a will cannot be officially revoked, however, using an alternate method like destroying a will completely will make it invalid.
How Long Is A Will Valid After Death?
A will, even after the death of the testator, remains valid throughout, there is no expiration date for this document. The decisions are made lawfully as per the things mentioned by the testator on the will at the time mentioned on it.
What Makes A Will Null And Void?
If a will is torn, shredded, burnt, or destroyed in any other possible way, it will become null or you can say, void. This can either be done by the testator personally or by some fraud who doesn’t want this will to be implemented.
Wrap Up
We hope that now you know whether or not you can destroy a will you were thinking of, and if you are the testator, you know if you are willing to pay the amount for creating a new will after revoking your existing one. So, make your decision thoughtfully. Just make sure you do not end up caught in any fraudulent activity of destroying someone’s will.