Creating a Will is the most fundamental way to plan for your estate. A Will provides instructions for what is to be done with your assets after you die. Having a well-crafted Will can help secure your family’s future and clarify your desires when it comes time to distribute your property.
However, situations may arise that make it necessary to revoke your Will. Under state law, there are specific ways to ensure that an old Will no longer has any legal effect. Talk to a seasoned attorney at our firm about how to invalidate a document that no longer reflects your wishes. Revocation of a Will in Wake Forest is an easier process with dedicated legal counsel, so reach out today for assistance.
At the date of signing, a Will indicates what the testator wants to happen to their assets upon their death. This document may also nominate a person, called the executor, to oversee the process. Once a Will receives proper signatures, it remains in legal effect until a person’s death.
However, a change in life circumstances may motivate a person to revoke their Will. Perhaps they got married, had more children, or obtained new property that is worth mentioning in the document. Revoking an old Will can be the first step in creating a new testamentary document that better reflects a person’s goals. An experienced lawyer can help Wake Forest residents to identify their estate planning needs and determine if revoking a past Will is necessary.
It is not difficult to revoke a Will. However, you should be aware of what this process requires and what legal effects it may have. According to North Carolina General Statutes § 31-5.1, testators can revoke a Will in one of two ways.
First, a testator may destroy the current Will. The method for destruction should leave no doubt as to the testator’s intent in the matter. Viable options include:
A local attorney can provide more advice about fail-safe ways to revoke Wills through destruction.
The second option to revoke a Will requires the creation of a new document. By law, if there is more than one Will under a person’s name, the most recently signed one has legal effect. As a result, creating a new Will with proper signatures and witnesses will void all previous versions. If you wish to revoke a Will by creating a new one, it is recommended that you work with a nearby lawyer for help drafting an effective document.
Revoking a Will does not need to be a complex matter. However, it is essential that you understand the legal impact of this action. Destroying a Will means that it no longer has a legal impact, and without a new document to replace it, your property may be subject to the state’s intestacy laws upon your passing. Creating a new Will is another way to instantly invalidate all previous versions.
Reach out to an attorney to discuss your options for revocation of a Will in Wake Forest. Call our office today to learn more.