How to Revoke a Will

As long as you are still alive and considered mentally competent, you are as free to change your will as you were to make it. There are certain procedures to changing a will that must be followed if you want to accurately and successfully revoke a will in favor of a new one. In order to change your will you must make your new wishes clear in a new document, and properly revoke a will that does not reflect your intentions.

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Reasons to Revise a Will

Any major change in your life, such as a loss of job, death of an executor, guardian, beneficiary, or an out of state move, should get you to take out your Will and give it the once over to see if anything needs to be added, deleted or changed.

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What is a will codicil, and when can I use a codicil to change my will?

A codicil is a document executed after the will is in effect, generally used to update a will. Although a codicil can be useful in some circumstances, such as when only a small change to a recent will is made, it is sometimes advisable to simply begin with a fresh will to avoid the confusion that multiple or complicated codicils can cause.

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What is the effect of a divorce on a will?

The effect of divorce on a will generally depends on your state’s law. In some states, a divorce decree automatically revokes your entire will. In others, it revokes only those provisions of the will that made gifts to your former spouse, not the whole will. There are also times when a will could be affected by the divorce agreement or the court decree itself, even if the will contains no provisions relating to your former spouse.

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