You have the opportunity to modify the terms of a will during your lifetime. In addition, you are also able to cancel the document entirely through a process known as revocation.
If you have questions about the revocation of a will in Tustin, now is the time to get answers. It is always a good idea to have an updated document in effect if the unexpected happens. Let a dedicated wills attorney advise you of your options today.
Common Reasons for Revocation of a Will
Any number of factors could combine to render a last will and testament outdated or unnecessary. As life goes on, relationships can change in ways that lead to differing priorities regarding inheritance. However, some reasons for will revocation in Tustin are more common than others.
Shifting Circumstances
Significant life changes can result in shifting priorities. For example, a person who creates a will when unmarried will likely have a different view on how they want their assets distributed once they have a spouse and children. Drastic events frequently render these documents outdated and potentially problematic.
Legal Issues
Specific requirements must be met for a will to be upheld in court. If a problem becomes evident, replacing the defective document with a piece that complies with state law is essential. This might include terminating documents missing the appropriate formalities or created by someone who lacked the legal capacity to do so at the time.
Disinheritance
Unfortunately, relationships can break down over time. When a person wishes to remove someone as a beneficiary, one possible option is revoking the entire document and starting over again.
How to Terminate a Will
Regardless of a person’s reasons, there are two primary ways to revoke a will in Tustin. Either option is effective, but an individual’s intentions will determine which path is best for them.
Crafting a New Will
The most common way to terminate a will in Tustin is to create a new version. When a person executes a new document, it renders all previous wills unenforceable. Although it is not necessary under the law, it is typical for these documents to include language to that effect for clarity.
Revocation Through Physical Acts
The second option allows someone to terminate a last will without the need to create a new one. The law permits individuals to revoke their will by physically destroying the document, generally by tearing or burning it. Of course, only the creator can terminate a will in this manner.
One exception is when the party who made the will is not physically able to destroy it. Under that scenario, they may direct another person to do so on their behalf. The downside to this approach is that it leaves an individual without the protection of a vital part of their estate plan.
Talk to an Attorney in Tustin About the Revocation of a Will Today
Making a major change to your estate plan can be daunting, but it is important to do so without delay. Without addressing an outdated document, you risk not having your final wishes adhered to after your passing.
Our legal team could discuss the revocation of a will in Tustin when you are ready. Call today for a private consultation with a seasoned estate planning attorney at Amity Law Group, LLP.
