Question 1

Can a will be revoked?

Accepted Answer

Yes. As long as the testator has legal capacity, they may revoke their will at any time and for any reason. The will expresses the testator's wishes, and wishes can change. Revocation can be express (a revocation document) or implied (a new will that contradicts the old one).

Question 2

What are the ways to revoke a will?

Accepted Answer

There are three main ways: (1) Writing a new will that expressly revokes the previous one; (2) A revocation document signed and authenticated as a will; (3) Physical destruction of the old will by the testator — tearing, burning, destroying. Destruction by someone else is not sufficient.

Question 3

What happens after a will is revoked?

Accepted Answer

If a will is revoked and no new one is made, the estate is distributed according to the Inheritance Law (statutory intestate succession). If a new will is made, that new will governs. It is therefore important to always have a valid and up-to-date will in place.

Question 4

Is it possible to revoke a mutual will?

Accepted Answer

Revoking a mutual will while both parties are alive is possible, but requires giving notice to the other party. Once the other party has received notice, both mutual wills are revoked. After one party dies, revocation is more limited and depends on the arrangements set out in the original will.

Question 5

Is an old will that was never revoked still valid?

Accepted Answer

Yes — if it was never revoked it is still valid. Courts look at the most recent will in time. If there are two wills, the later one generally prevails, unless the provisions do not conflict.

Question 6

What if the testator lacks capacity to revoke the will?

Accepted Answer

Revoking a will requires capacity — the same capacity required to make a will. If the testator lacks capacity (dementia, a medical condition), a revocation made in that state will not be valid. This is also one of the reasons why it is advisable to make a will at a younger age, when capacity is unquestionable.

Question 7

How much does revoking a will with an attorney cost?

Accepted Answer

A simple revocation has a low cost. The cost of drafting a new will depends on the complexity of the assets. Free initial consultation — we will review the situation together and provide a transparent quote.

Revoking a Will
When, How, and What Happens Next

When Should a Will Be Revoked or Updated?

Frequently Asked Questions — Revoking a Will

Free Initial Consultation

Revoking a WillWhen, How, and What Happens Next

When Should a Will Be Revoked or Updated?

Frequently Asked Questions — Revoking a Will

Free Initial Consultation

Revoking a Will
When, How, and What Happens Next