How is a will voided?

UPDATED: Oct 1, 2022

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How is a will voided?

My father in law willed to my husband 2 pieces of
property in Myrtle Beach, SC he owns. He stated
recently that he did away with the will and there
is none to replace it. Does that me the copy we
have is voided and his estate goes to probate when
he dies?

Asked on July 19, 2018 under Estate Planning, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

IF your father-in-law drafted and executed (signed, etc.) a written document stating that the former will is void, then yes, he could void it. But the will must be voided in writing, and that writing must be signed and witnessed the way the original will was. Wills may only be voided in writing, by documents which meeting the requirements, in terms of execution (signing and witnessing), of wills. A will may not be voided orally (not in writing) or by writing which isn't executed the way a will would be.

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