It’s common to make changes to a will. In fact, good estate planning attorneys recommend that their clients update their wills regularly, and especially after any major life changes.
Sometimes these updates require only minor changes or additions. Sometimes they require revoking a will. There are different options for revoking your will.
Options for revoking a will
Under Kentucky law there are several ways to revoke your will. A will can be revoked by a subsequent will that is valid. Another option is to execute a declaration to revoke your will. You will likely want to replace it with a new will.
In addition, a will can be revoked by physically destroying it. For this method to be valid, the the will must be destroyed by the person who made the will, or by another individual in the presence of the person who made the will and at their direction. The eligible person can revoke a will by tearing, burning, cutting or otherwise destroying the will or the signature on the will. In any case, the person destroying the will must do so with the intent of revoking the will.
Replacing a will
When revoking and replacing a will, it’s crucial to remember that there are certain requirements for a will to be valid. These include age, capacity, witnesses, signature, content, intent and more. When setting up a will, changing a will or revoking a will and replacing it, it is helpful to be familiar with these requirements to ensure that you leave behind a will that will accomplish your goals.
You do not want any confusion as to your wishes when the time comes. Estate planning resources can help guide you through the process of setting up your will, making changes to it and revoking it if necessary.