Planning for the future with a legally valid will is a smart and responsible decision. However, life can change after you establish a will. You may remarry, acquire new assets, or simply have a change of heart. If that happens, you may be asking, “How do I revoke a will?” or even, “What voids a will?”
At Crosby Law Firm, we help individuals and families navigate all aspects of estate planning. This includes revoking or updating a will when life changes happen. In this blog, we’ll break down how to revoke a will, common reasons for canceling a will, and why working with an estate attorney is so important.
What Is Revoking a Will?
Revoking a will means legally canceling or nullifying the document so that it no longer governs how your assets will be distributed after death. The testator— the person who created the will —is the only one who can revoke it while they are still alive. However, the testator cannot revoke their will if they become incapacitated.
If you’re looking to revoke your will and start fresh, it’s likely because numerous things in your life have shifted. This may mean you sold multiple properties and got married, or you might want to add or remove beneficiaries. You may even want to choose a new estate executor.
If you don’t take the proper steps to revoke a will, the court may still consider it valid. This can lead to confusion, family disputes, and unintended consequences.
If you’re looking for the right attorney to help change or cancel estate documents, such as wills or trusts, contact Crosby Law Firm. We have over four decades of experience helping residents of Illinois plan for their futures.
How To Revoke a Will
There are several legal ways to revoke a will. Understanding each method can help you decide which one is the right option for your situation.
1. Create a New Will
You might be asking, “Does a new will cancel an old will?” The answer is yes, a new and properly worded will can cancel a previous one. This is one of the most common ways to revoke a will.
When drafting a new will, you should include language explicitly stating that all prior wills and codicils (legal documents that amend an existing will) are invalid. This approach is clear and leaves little room for confusion.
You may also simply create a new will that is completely different from and inconsistent with your old will. This ensures that the most recent will is considered valid and implies revocation of any previous ones.
2. Completely Destroy the Existing Will
Another valid method of revoking a will is by physically destroying it. You can do this by:
- Tearing it up
- Burning it
- Shredding it
- Otherwise obliterating it
The original will and all duplicates must be eliminated. This must be done intentionally and preferably in front of witnesses. Keep in mind, simply misplacing a will or losing it does not count as revocation.
While this method might seem easy, there are potential issues that could follow. Someone might question who destroyed the will or whether you were pressured into doing so, or if it’s actually lost. It’s a good idea to include language in your new will that states all prior wills and codicils are invalid, even if they no longer exist.
3. Revoke by Operation of Law
Certain life events can trigger an automatic revocation of parts of your will. For example, under Illinois law, divorce automatically revokes any bequest, fiduciary appointment (such as executor), or other interest given to a former spouse. This applies only if the testator executed the will before finalizing the divorce. It should be noted that divorce does not entirely invalidate a will in Illinois.
What Voids a Will?
Now that we’ve covered how to revoke a will, it’s also helpful to understand what voids a will after the testator’s death.
The court may declare a will void if someone contests its validity. The following circumstances are valid grounds for contesting a will:
- Lack of mental capacity at the time of signing
- Undue influence or coercion by another person
- Fraud or forgery
- Failure to follow proper legal formalities, such as not having witnesses
- Previous revocation of the will
- The testator made a significant mistake in the will (e.g., they were mistaken about the extent of their property or the status of heirs)
Issues with the will can be raised after a person’s death during probate. However, contesting a will is not technically “revoking” it, but rather challenging its validity.
What Reasons Often Call for Breaking a Will?
You may be wondering why someone would want to cancel or revoke a will in the first place. Here are some of the most common reasons:
- Marriage or divorce
- The birth or adoption of children or grandchildren
- Changes in financial status or asset ownership
- Relocation to another state (with different estate laws)
- A falling out with named heirs or beneficiaries
- Death of a primary beneficiary
- Desire to include or exclude new individuals or charities
- Discovering that the original will is outdated or inaccurate
- Correcting a legal error in the original will
- Desire to change executors or fiduciaries
Any of these scenarios can serve as valid motivation for revoking a will and starting fresh.
Revoking a Will Improperly Can Create Legal Problems
Revoking a will might sound straightforward, but doing it improperly can lead to many complications. If multiple versions of a will exist or there is no proof that a will was properly canceled, disputes among heirs can arise. This can lead to lengthy court battles, damaged relationships, and significant legal expenses.
If you destroy your old will without creating a new one, your estate may be subject to intestacy laws. This would mean the state decides how to divide your assets, because legally, you have no valid will or trust.
If you don’t carry out a will revocation according to legal requirements, the court may also not recognize it. This could result in an outdated or unwanted will being enforced.
Work With Our Experienced Estate Planning Attorney in Rockford, IL
If you’re asking yourself, “How do you cancel a will?” you’re not alone. There are intricacies to this process that can make it feel overwhelming.
Whether you want to draft a new will, revoke an old one, or contest an invalid document, Crosby Law Firm can help. We’ve served families across Illinois since 1980, offering experienced, compassionate legal guidance in estate planning, probate, and will contests. We help clients legally and clearly document their wishes, giving them peace of mind for the future.
Call Today
Ready to change your will or estate plan? Don’t leave it to chance. Reach out to Crosby Law Firm today to book a consultation. We’ll help you take the right steps to revoke a will safely, legally, and with confidence.
Call us at (815) 397-2006 or contact us online to schedule a free initial consultation.
