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The revocation of wills in Virginia

On Behalf of | Mar 22, 2023 | Estate Planning |

Sound estate planning helps you and your family successfully navigate some of the legal challenges that arise now and then. A will establishes your desire to pass on property to certain heirs and to make your wishes known in many circumstances.

You might sometimes wish to revoke a will, which requires certain legal procedures.

Complete revocation of a will

According to the Virginia Law government website, a total revocation of a will can occur in several ways. The first simply involves destroying the physical will. You can accomplish this by tearing, ripping or burning the document. You must also show the intent to cancel the will.

Another person can destroy the will at your request and in your presence. This action cancels the will and any provisions in it, rendering the document void and of no effect.

A new will can also render a previous will void. The new will must follow all of the legal requirements for a will and should expressly revoke the former will.

Partial revocation of a will or codicil

You can also partially terminate a provision of a will. This typically involves the creation of a new will that explicitly revokes a segment of the former will.  Even without the express statement to revoke part of the will, any provision in the new will that remains inconsistent with the former document supersedes the former will. This results in an alteration of the former will, at least in part.

When dealing with legal estate planning documents, it is important to follow proper procedures. This remains true with wills, trusts and financial records.

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