As long as a person follows the state’s rules when writing their will, it is acceptable to assume that this document carries the intended legal effect when they pass away. However, people’s wishes and desires can change over time. For this reason, state law also provides ways for a person to revoke or modify a will.
If you wish to revoke a previously drafted will, it is best to work with an experienced wills attorney. At Romano & Sumner, our legal team can answer your questions about the revocation of a will in Sugar Land and explain the legal ramifications of this action.
In addition to outlining how a person may create a legally binding will, the state’s estates code also provides instructions for the unambiguous revocation of a will. According to Texas Estates Code § 253.002, a testator may revoke a will by physically destroying or canceling the document. This could include tearing, burning, or stamping the will as “VOID.”
It is also possible to revoke a will through a separate legal document. This can be achieved by authoring a statement that contains language revoking a previous will, as long as that document contains the testator’s signature and the signatures of two witnesses. This may be the best option if the original copy of a will is lost or missing.
Finally, parties may revoke a previous will by executing a new document. This choice is best for people who want no lapse in coverage or who want to make changes to an existing estate plan. An attorney at our Sugar Land office can provide guidance on the best way to revoke a will for the specific circumstances.
Testators retain the right to revoke a will at any point in the future as long as they retain the mental capacity to do so. This applies from the day that they sign the document right up until their death. However, it is important to recognize the legal impact that this action can have on one’s estate.
The safest option is to revoke a will by executing a new testamentary document. This leaves no lapse in coverage, thus avoiding potentially devastating consequences.
If a person dies without a will, a personal representative may attempt to admit a will through testimony. If this fails, the probate court will invoke the intestacy statute to distribute portions of the estate to a decedent’s spouse and children. This division may result in the splitting of assets that a party may have intended to keep intact. It may also encourage conflict among the heirs at law. To avoid this outcome, it is crucial to consult a skilled local attorney when choosing to revoke a will.
People choose to revoke wills for a variety of reasons. They may have acquired new property that is not mentioned in an old will. They may also have gotten married or given birth to children. Regardless of your motivation for revoking a will, state law provides several options. You may revoke your will at any time by destroying the document, declaring in a separate document that a will is void, or by executing a new will.
A knowledgeable attorney at Romano & Sumner can help with the revocation of a will in Sugar Land. Call our firm today to set up a consultation about your circumstances.
Romano & Sumner, PLLC
