Can I Change or Revoke My Will at Any Time?

The testator (the person who created the will) may change or revoke the will at any time with or without a reason.  A will is an ambulatory instrument, meaning that it is not legally effective until death.  As long as the testator has mental capacity, the testator will have authority to change or revoke the will.  The only time the will shall become irrevocable is when the testator passes away.  There are a few different ways to revoke a will.

One way to revoke the will is by operation of the law.  This will occur automatically on the occurrence of specified events or circumstances designated by the law.  The law operates to revoke part or all of the will because it assumes that the testator would no longer have desired the will to take effect as is. Another way to revoke the will is a revocation by a physical act.  The testator may physically destroy the will or perform some act upon it that it manifests the testators intent that the will is not to be used to determine his property after death.  Finally, a will may also be revoked by subsequent writing. This is when the testator creates another writing that will satisfy all of the requirements of a valid will.  This can be a new will, an amendment to the existing will also known as a codicil, or a document that revokes the prior will but doesn’t contain a replacement for it.

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