Did I Revoke My Will?

Often times throughout a person’s life there will be reason to amend or re-draft a will. To ensure that you final wishes are carried out as you have specified, it is important to properly revoke any prior will. According to California Probate Code Section 6120, a will may either be revoked by (1) a subsequent will that revokes a prior will either expressly or through inconsistency, or (2) burning, tearing, canceling, obliterating, or destroying with the intention of revoking it. If you choose the latter option, the will may either be destroyed by you personally, or by somebody else who is acting in your presence and by your discretion. But what if you destroyed one copy of your will? According to California Probate Code Section 6121, you need only destroy one copy of the will in accordance with the law in order to legally revoke the will. Wills may also be revoked by operation of California law. If you are unaware of these automatic revocation provisions, your heirs may be in for quite the surprise upon your death. According to California Probate Code Section 6122, many parts of a will dealing with your spouse are automatically revoked, unless the will expressly provides otherwise, if the testator becomes divorced after the will is executed. If you need guidance with will revocation and drafting, contact us at 818.956.9200.