One of the major benefits of drafting a will is that it remains valid from the date of signature until a person’s death. Often, life circumstances may motivate an individual to change these documents. Thankfully, the laws that control will revocation in Mount Laurel allow anyone to make alterations to a document when needed.
However, anyone who plans to change a will should understand the legal ramifications. Revoking a will without creating a new version could leave an individual “intestate,” which may complicate and lengthen probate.
If you intend to modify your document, an attorney could guide you through the revocation of a will in Mount Laurel. In many cases, a skilled wills attorney could help you draft a new version to ensure that a valid plan is in place after your death.
How to Legally Revoke a Will
According to New Jersey state law, there are two ways for an individual to revoke their will, including:
- The execution of a new will could override a previous document.
- The will’s author may perform a revocatory act, including tearing, burning, stamping the will as void, or crossing it out with an “X.”
It is not possible to revoke only a portion of a will. However, creating an addendum could allow an individual to change small sections of their document. An attorney in Mount Laurel could explain the process behind revoking a will and take steps to invalidate a document on a person’s behalf.
What is the Legal Impact of Revoking a Will?
The steps for revoking a will are straightforward. However, people should only invalidate their will once they understand the impact that this might have on their estates and heirs.
The main legal purpose of drafting a will is to avoid a probate court’s intestacy rules which determine the property rights of heirs regardless of a decedent’s requests. An estate that lacks a comprehensive will might be subject to this strict distribution. As a result, revoking a will that previously outlined a person’s wishes could risk a probate court transferring property to an unwanted party.
The best way to avoid these issues is to revoke a will by executing a new document. By stamping a will with the current date of signing, testators can eliminate any gaps in coverage. Similarly, if a person chooses to revoke a will through a revocatory act, quickly executing a new will could ensure that a person’s final wishes are documented properly.
A hardworking lawyer in Mount Laurel could help an individual understand the consequences of revoking a will and encourage them to draft a new estate document to secure the future of their assets.
Call an Attorney about the Revocation of a Will in Mount Laurel
Testators have the right to revoke their will at any point in the future. Achieving this may be as simple as enacting a new will that overrides a previous version. In addition, you have the choice to destroy or void your current will in any way that makes your intentions clear.
The revocation of a will in Mount Laurel can raise legal concerns and potential conflicts. However, a lawyer could identify the legal impact of invalidating a will and ensure there are no gaps in an estate plan. Reach out to us today to learn more.