A will is one of the most vital estate planning documents you can have. It provides you and your family with peace of mind, as well as a structured plan of action for the distribution of your assets after you pass away.
However, the time may come when you want to make changes to or even revoke the old will. An experienced wills attorney can assist with the revocation of a will in Atlanta, or for anyone in Georgia, and ensure you follow the necessary steps for legal nullification.
When to Revoke or Cancel a Will
There are numerous circumstances where it may be beneficial to revoke or cancel a will, often after a major life event that causes you to revisit your intentions. For example, divorce, marriage, remarriage, or the birth of a new child or grandchild are all life events that could result in the revocation of your will or at least require some modifications to your final testament.
If you have received significant assets or new property since you wrote your will or had a serious falling-out with someone you previously named, you may also decide to revoke the document altogether and create a new one. When you decide to revoke or cancel an existing will in Atlanta, you need to make sure that you follow the proper procedures to invalidate the document. Each state has its own unique standards regarding will revocation, so it is best to work with an estate planning attorney who has an in-depth knowledge and understanding of these legal matters.
We can guide you on how to revoke a will, which could include both physically destroying the old document and executing a new will. Following the correct legal procedures for revocation is essential to avoid complications, as is clearly demonstrating your intents to revoke the document. It is also wise to revisit the terms of your will at least every few years to ensure that the document aligns with your current intentions for the future.
Requirements for Will Revocation
There are two primary options for will revocation in Atlanta, and neither should be approached without the proper legal assistance. If you have a complicated estate or family dynamic, an attorney can advise you on the best way to revoke your will while addressing any potential issues. They can also ensure that you do not overlook vital steps with destroying or revoking the prior version that could cause serious complications for your estate in the future.
The most common option for will revocation is to create a new will that contains a provision explicitly stating that it revokes all previous versions. You must demonstrate testamentary intent and capacity, and sign it in the presence of two witnesses. The new will may contain many of the same provisions as your prior will, but with the new details incorporated. You can also physically destroy the old will by tearing it up, burning it, or removing the signature. This physical act of destruction can revoke the entire will, but you will also want to execute a new one as soon as possible.
It is possible to add a codicil to your will, which is another document that changes or updates an existing provision, but these are usually not recommended. It is far safer to just rewrite the entire will so you do not need to keep track of multiple documents.
Call an Atlanta Attorney About Revoking or Remaking Your Established Will
Clearly demonstrating your intention to revoke your will, and ensuring that you are compliant with state law throughout the revocation process, is critical to avoid complications down the road. Otherwise, a court may not recognize your final wishes, resulting in an outcome you were not intending.
When you want to change or enact the revocation of a will in Atlanta, you should reach out to Siedentopf Law so we can lay out your best legal options. We can help you draft a new will that effectively revokes the previous one and reflects your final testamentary intentions. Schedule your strategy session at your earliest convenience.
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