Revoking a Will in the Clinton Estate Planning Process

There are many reasons to revoke a will. Family circumstances change, financial situations change, even minds get changed.

First of all, when is it appropriate to revoke a will and what happens once you do?

There are some common questions which go along with revoking a will, but one of the most asked is whether or not revoking the will revives a prior one. The answer to this question is “probably not.”

When setting up your estate planning needs, your attorney will likely help you create a will. If you decide to make changes and create a new will later, the previous version is no longer in effect.

So, what then happens if the later will is revoked?

Many assume the previous version of the will is simply reinstated. This is often not the case.

Some places are considered “no revival” jurisdictions wherein the earlier version is not automatically revived. Instead, it may be necessary to have a wills and trust lawyer lay out options for re-signing or republishing the first will.

Also keep in mind that if a new will is revoked and a previous one has not been automatically revived, then the courts will need to step in just as if you never had a will at all. Even if you worked with an attorney to outline your wishes, without the signed, active document, your estate can end up going through the probate courts anyway.
For these reasons, and for simple peace of mind, it makes sense to seek out a qualified estate planning lawyer to make sure all of your affairs are in order. This professional can help you create a legal will, as well as consider if other options are appropriate for your estate.

Our attorneys are well versed in the field of wills and trusts and are ready answer your questions.

To schedule a complimentary Legacy Planning Session, simply call our office at (601) 925-9797 and mention this video.