If you change your mind about your estate plan, you can do something about it. Revocation of a will is the legal term for canceling or undoing a will. If you revoke your will, it is as if it were never created in the first place.
If you are concerned about your health and want to change your will, you should act quickly and consult an experienced wills attorney for guidance on the next steps. When you are considering revocation of a will in San Antonio, you can speak with a lawyer at Begum Peláez-Prada PLLC to learn more.
There are countless reasons why you might want to change your will. Often, it is a matter of strained familial relationships, such as with estranged children. Other times, it is a matter of wanting to leave something for a family friend with greater financial needs than your immediate family. You may be passionate about a new social or charitable cause and want to leave a financial gift. Regardless of the motivation, when you want to revoke your will in San Antonio, there is no better time than the present to ensure your estate plan reflects your plan for your legacy.
There are three primary ways to revoke a will: physical destruction of the document, creating a new will, and the operation of the law.
This involves the physical destruction of the will document itself. State law allows you to revoke a will by physical action if you demonstrate a clear intent to revoke the will and the mental capacity to make that decision. This method of revocation must result in the destruction of the entire document to be effective. State law does not recognize a partial will revocation.
Executing a new will is the clearest way to demonstrate revocation of a will. The new will must clearly refer to the intent to revoke the prior will and replace it with the new document.
In certain circumstances, a court will find that a will has been revoked even if the document was not physically destroyed or replaced with a new will. Examples include a divorce, where the law treats the ex-spouse as if they have predeceased their former spouse or situations where a named beneficiary in a will dies before the testator.
If you are divorcing your spouse and the split is less than amicable, you may not want them to inherit your life savings. A divorce decree has the effect of preventing your ex-spouse from taking under your will, but divorce proceedings can be lengthy. The most effective means of ensuring that your wishes are honored upon your passing is through revocation of a will in San Antonio.
While a will can bring peace of mind through knowing that your plans for taking care of your loved ones after your death have been established, if your relationships have changed, that same document may now cause you stress. When you want to change your will, contact an experienced lawyer at Begum Peláez-Prada PLLC, led by managing partner Sasha Begum, about the revocation of a will in San Antonio to understand the best strategy for your situation.
