A will is a living, breathing legal document (See “What Will Happen if I Die Without a Will?”. There are many ways in which people have tried – and failed – to revoke California wills (See “Advantages of a Will” and “Disadvantages of a Will“) that have produced unexpected and unintended results. Just like in drafting a will, there are traps for the unwary that could preclude a person from receiving a gift, or force an unintended sale of a widow’s home. In order to properly revoke a will, it is best to consult a San Diego estate planning attorney.

Arguably the best (and certainly most common) way to revoke a will is by a subsequent will, either expressly or by inconsistency. California Probate Code § 6120(a). A will may also be revoked by physical act, like being burned, torn, canceled or obliterated with the intent and the purpose of revoking it by the testator. California Probate Code §6120(b). A will may also be revoked unintentionally by operation of law, such as if the will is lost, by dissolution of marriage, or by improper execution.

If you fail to properly revoke your will, it remains a living document and will be admitted to probate court (See “What is Probate?”) along with your other testamentary documents. It is not advisable to attempt “cross-outs” (revocation by interlineation) on the face of the document in order to increase a devise to another. Crossing out a gift in a will does not actually increase a devise to another person who would receive part of a gift (such as a share of a home or bank account). Likewise, crossing out a term with additions to the face of the document will likely be invalid unless they meet the legal requirements for a valid will. If you have questions, be certain to direct them to a qualified San Diego estate lawyer before attempting a will revocation, your beneficiaries will thank you.

Filed under: Estate Planning - Generally, Probate, Probate Litigation, San Diego Estate Planning, Will Contests, Wills, Wills and Trusts