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Best Way to Revoke a Will

Nashville Blog 2018 January Best Way to Revoke a Will
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Best Way to Revoke a Will

Posted By David Whittaker, Attorney at Law || 9-Jan-2018

In life, the one thing that is a constant beyond death and taxes is change. So, if you created a will and now it no longer reflects your wishes, please know that it’s perfectly normal for people to draft more than one will within their lifetime. In fact, some people draft multiple wills throughout their lives.

When life takes a turn or when things change, it can make sense to revoke a will. There are several types of situations that can cause someone to want to revoke their will. One can get married or divorced. A child or grandchild can be born. A beneficiary can pass away in an accident or due to natural causes. An adult child can become addicted to drugs, or a parent can have a falling out with a son or daughter. All of these life events can cause one to revoke their will.

If your old will is out-of-date for lack of better terms, you may be wondering, “What’s the best way for me to revoke my will?” If you’re thinking about tearing it up or using it as kindling in the fireplace, think again. This is not the best way, nor is it the only way to revoke a will. It’s merely a step in the process, but it happens later than most people think.

Revoke an Old Will by Making a New One

If you want to revoke a will, join the club. Lots of people do it. After all, few circumstances in life remain the same over the decades. If your current will is no longer practical, the best way for you to revoke it is to see an estate planning attorney and draft a new one. “But what if I want to revoke my will, but don’t have time to write a new one? Can’t I tear it up or put it into the document shredder?”

Let’s say you destroy your original will. Could there be a copy laying around somewhere? Some probate courts will accept a copy of a will if the suppliers of the copy have a good reason. For example, suppose an adult child is cut out of his father’s will, so he destroys the original. In such cases, if the man’s siblings can produce their copies of the will showing the court that their brother was disinherited, the probate court may accept a copy.

Otherwise, if no will is produced, the decedent’s estate would be subject to Tennessee’s intestate succession laws, and the disinherited son would receive a portion of the estate – against his deceased father’s wishes.

To be on the safe side, always create a new will before you physically destroy an old one. Make sure the new will specifically revokes all previous wills and clearly states your new wishes. Once the new will is drafted, tear up the old one and every copy that was made.

Need a Nashville estate planning and probate attorney? Contact my firm for representation throughout Williamson and Davidson counties.

Categories: Probate, Wills, Estate Planning

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David Whittaker, Attorney at Law

Call Today: (888) 492-4735

David Whittaker, Attorney at Law - Nashville Probate Attorney
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