It is common to change your mind after writing a last will and testament. Significant changes can occur, such as those in marital status, the birth or adoption of additional children, and the size of the estate. While doing so is a simple process, failing to follow the proper steps can lead to unintended consequences, including the old will remaining valid.
When you want to make changes to your will, it is vital to follow the procedures and seek out legal guidance. Whether you wish to amend an existing will or completely rewrite it, a lawyer could help you with the revocation of a will in Junction City. Call one of our experienced wills attorneys today to set up a consultation.
Anyone 18 or older — or emancipated by marriage — can write a will. A valid will must be in writing, signed by the testator, and signed by two witnesses. Getting the will and the witness signatures notarized can transform the will into a self-proving document, which means the witnesses will not have to testify during the probate process.
When the testator has property in multiple states or resided in another state, it may be necessary to consult other state laws about the validity of a will. It is a good idea for someone to write a will that complies with the laws of their state of residence. A Junction City attorney could provide advice about writing or revoking wills.
Kansas. Statutes. Annotated. § 59-611 provides several ways for a person to revoke their will. It is essential to comply with the statute to revoke a will, even when a revocation by other means would be valid in other states. Doing so helps ensure the fulfillment of the testator’s wishes.
A testator — or someone working on their behalf — can physically revoke a will by tearing, burning, or otherwise obliterating it with the intent to destroy it. Doing so cancels the will. There should only be a single will original, so physically destroying it should be sufficient. However, this method can leave questions about whether the testator or a third party destroyed it.
There are legal ways to revoke a will, as well. A testator can leave writing declaring that the will is revoked or altered. But it must comply with the exact requirements. Writing a new will automatically revokes a prior will.
The state also has laws automatically revoking a will under certain circumstances. Marriage after the creation of a will revokes a prior will. Divorcing after a will does not destroy the entire will but does nullify provisions related to the ex-spouse. The birth or adoption of a new child is also sufficient to revoke a will in Junction City.
The testator’s will, or the revocation, not complying with state law does not automatically invalidate it. The court will examine whether the will was valid in the state where the testator was living when they created the will or when they died. If so, it will be valid in Kansas.
One area where this is important is in holographic—wholly handwritten—wills. Holographic wills, codicils, and revocations are valid in some states, even without witness signatures. Kansas is not one of those states. However, the court will recognize its validity when the testator created the document while residing in one of those states. A Junction City lawyer could provide additional guidance about drafting and revoking wills.
The purpose of a will is to ensure that you get to choose where your property goes when you die. While the court does their best to fulfill a testator’s wishes, complying with state laws increases the likelihood that you will control the disposition of your property. A lawyer could advise you on the drafting, revising, and revocation of a will in Junction City. Call one of our skilled attorneys to schedule a consultation.
