There are many situations in which a person must revoke or invalidate a will. For example, circumstances may change that cause a person to need to amend certain clauses in a will, remove beneficiaries, or create an entirely new document. Regardless of the circumstances, this might seem like a daunting task. Fortunately, there may be options available.
If you created a will in the past but your circumstances regarding your estate planning have changed, enlisting the help of a legal representative is beneficial to ensure your wishes are carried out after your death. A dedicated wills attorney could explain will revocation in Rosemead further detail during a consultation and help give you peace of mind for your future.
When Should a Person Revoke a Will?
It is in a person’s best interest to draft a new will at the same time they revoke their original will. Individuals in Rosemead might do this if they have not updated their will in many years or had another child since they created the document. Someone might also choose to create a new will upon the creation of a trust or if they obtain or sell real estate property.
Often, changes are made to a will after a family dispute in which a person wants to add or remove a beneficiary to their estate documents. Unfortunately, if a person revokes their will and dies before creating a new one, a California probate court will distribute their assets appropriately.
Another reason a person might have to rescind a will is if a family discovers that undue influence has occurred. For instance, a potentially interested party might convince an elderly person to add them to their will. For example, according to the Cal. Prob. Code § 6100.5, a person must understand what property they own and their relation to those with interest for a specified will.
How to Revoke a Will in Rosemead
To annul an old will, an individual must simply draft a new one with a signature and date reflecting that the new document was created after the original.
Another way to revoke the terms of a will is by creating a codicil or a document that specifies the revocation. For example, instead of when creating a new will, a testator could draft that he or she is revoking all previous wills and that this new will shall control.
However, these documents must follow the same requirements of a will. For example, a will must be signed and witnessed by someone over 18 years old who does not seek to gain anything from the will in question. A seasoned attorney in Rosemead could help with this process by ensuring the document’s language clearly outlines a testator’s wishes.
Reach out to a Hardworking Attorney in Rosemead to Discuss Will Revocation
Regardless of your situation, life circumstances change frequently. While these changes can be overwhelming, it is important to include the proper information in your estate planning documents.
By reaching out to a diligent legal representative, you could better understand will revocation in Rosemead while ensuring that your plans for the future are secure. If a specific aspect of your life changes that requires you to modify or revoke your will, reach out to an experienced lawyer today.
