question.jpgIn Trusts and Estates

How is a will physically revoked?

A will can be physically revoked if you take some physical action to the will that causes damage or destruction to it. Typically, this would mean simply destroying the will. Any such damage or destruction will be seen as a valid revocation as long as the following factors are all true:

1. At the time you damaged the document, you had the mental capacity to revoke it - that is, you were of sound mind, and nobody was forcing you to take the physical actions.

2. At the time you damaged the document, you intended that destruction to revoke the will.

3. The damage to the document must comply with state law requirements. Some states require that the document be totally destroyed, while others accept a revocation if the will was burnt, torn, had lines drawn through its text, etc.

4. All of the above must have been true at the same time. In other words, you must make the required damage to the document at a time when you had both the mental capacity and intent to revoke the will.