In Jayne Sykora’s article, Holographic Wills, she outlines the requirements for a valid Will. But what if you want to revoke your current Will?
A testator can revoke a Will either in writing or by an act that expresses the intent to revoke the Will.
Writing
A written revocation of a Will usually occurs when a testator executes a new Will that contains language stating that he or she revokes any prior Wills and/or Codicils. Therefore, if any earlier dated Will or Codicil is found after the testator’s death, the most recently dated Will governs. However, according to Minn. Stat. §524.2-507, even if a subsequent Will does not expressly state that it revokes any previous Wills, inconsistencies between the Wills can serve as a revocation.
Under Minn. Stat. §524.2-507(b) – (d), even if a Will does not explicitly revoke an older Will, the older Will is revoked “…if the testator intended the subsequent will to replace rather than supplement the previous will.” Proof of the testator’s intent to replace an old Will is if the new Will “…makes a complete disposition of the testator’s estate.”
Conversely, if the new Will does not make a complete disposition, then it is presumed the testator intended the new Will just to supplement, rather than replace, the old Will. In this case, the new Will only revokes the sections that are inconsistent with the old Will, and both Wills govern at “…the testator’s death to the extent they are not inconsistent.”
Additionally, a Codicil can also serve to revoke part of a prior Will by making changes to the terms of the Will (see also Jayne’s article on Codicils).
Action
A revocation by act includes burning, tearing, canceling, obliterating or destroying the Will. The act can be performed by the testator or by another individual in the presence of the testator. Additionally, the act of revocation does not necessarily have to “touch” any of the actual words of the Will to still be considered an effective revocation.
Lastly, a change of circumstances does not automatically revoke a Will. However, the two scenarios in which a revocation does occur are in the case of a homicide or divorce.
