Understand will revocation in California to avoid future complications
When life brings unexpected changes, our credible estate planning attorneys can help you know and understand the process of revoking a will in Oceanside, CA. Even after the will is complete, it might need to be changed or revoked. Without a clear understanding of how to legally have your will revoked, you could end up with unintended consequences if you mistakenly believe it has been revoked when it remains valid.
At Century Trusts & Estate Planning, PC, we can help you revoke or change your will and make it legally binding. Schedule an initial consultation with us today to learn more about how we can help you protect your future.
Why Do I Need an Estate Planning Attorney in California?
Life changes, and you may decide that the will you created might not be in the direction you would like your estate to go in. Whatever the reason, your will may no longer accurately reflect your wishes, and you may want to revoke it.
It is common to make changes to a will. Our trusted Oceanside estate planning lawyers recommend that their clients update their wills regularly, especially after notable life changes. At Century Trusts & Estate Planning, PC, we are committed to:
- Provide efficient legal service with the highest integrity and quality that addresses your unique wealth and succession strategies.
- Work to ensure your will is drafted properly, compliant with all local regulations, and correctly formalized.
- Understand the statutory requirements to ensure that any changes you make to your will are enforceable.
- Offer comprehensive and high-quality estate planning services, including setting up trusts, drafting wills, probate administration, establishing power of attorney, and securing advance healthcare directives.
- Create the highest quality estate planning documents, maintain a relationship with you and your family, and provide an environment where you feel comfortable expressing your estate planning goals and concerns.
Our legal team will plan for your next generation, explore your alternatives, and determine an estate plan that best works for you. Contact our law office now and schedule a consultation with our experienced lawyers to guide you through every step of the estate planning process.
What is a Revocation of Will?
A will is a legally binding document created and signed by a testator. It is the most essential part of an estate plan and can be relatively simple. However, this estate planning document must be specifically tailored to the person’s needs and desires. Even after the will is complete, it might need to be changed or revoked.
Revocation of a will refers to the act of revoking a will by its maker. When a will is legally revoked, its legal value or force is no more. Our knowledgeable Oceanside estate planning attorney can help you understand the necessary aspects of a will revocation.
When Can a Will Be Revoked?
Although a will is written during the lifetime of its testator, it takes effect only upon the death of its maker. Therefore, it is a changeable document, which means it can be altered, amended, or revoked any number of times before the testator’s death. After all, circumstances change.
Our qualified Oceanside, CA, estate planning lawyer can help you know when a will could be revoked. The following life events and situations may lead you to consider revoking your will:
- Changes to your marital status
- Birth or death of a family member or a loved one
- Acquiring a large number of debts
- Acquiring a large amount of money
- Changes in beneficiaries and heirs
- Purchasing new assets
How Can a Will Be Revoked?
There are multiple ways to revoke a will. California has specific laws instructing residents to revoke a last will and testament properly. Our top-ranking Oceanside estate planning lawyer can explain your options for revoking your will.
Destroy the Old Will
One of the most common ways to revoke a will is to destroy it utterly. You can do so physically, such as tearing, obliterating, burning, canceling, or destroying the will. The physical act must be done by the testator or at least in the testator’s presence and at their direction. Once the physical act takes place, the will is revoked.
Revoke Your Will by Codicil
Perhaps your will distributes your property the way you want, but you want to make minor changes. A testator can revoke a will by changing parts of an existing will. A will can be revoked by executing a subsequent will or codicil.
A codicil is a convenient and easy method of amending, changing, and revising a will. It is a written and usable document to make minor changes to your will while keeping your original will in full force and effect. When executing your codicil, file it with the same formalities as a written will.
This includes signing in front of witnesses and providing evidence that you are of sound mind and aware of your current actions. As with any legal process, you may benefit from doing this change with the help of a skilled Oceanside estate planning attorney.
Create a New Will
If you want to revoke your will, do not rely on destroying the original. One of the easiest ways to revoke a will is by simply creating a new one. When creating a new will to replace your previous one, it is likely because you are making significant changes to your will or estate plan.
Having all current, accurate provisions in one concise document can help minimize confusion because codicils and additional paperwork have the risk of being misplaced. A new will may explain different provisions and have recent information about various assets and liabilities.
If you create a new will to revoke an old one, you must include a non-ambiguous statement specifying that the new will intends to supersede or replace all prior wills and set out your new wishes.
Call Our Skilled Oceanside Estate Planning Lawyers Now!
As the circumstances in your life change, you may also want or need to amend, modify, or revoke your will to provide the most recent updates you want at the time of your death. Even after you create a will, you can revoke the document and replace it if you wish.
When a will is legally revoked, it loses its legal value or force. The improper revocation of a will can have disastrous results, leading to confusion, litigation, and raising the possibility that your wishes will not be understood after your death. Knowing the law and essential points about a will revocation is crucial to avoid problems and disputes.
To avoid facing legal issues, speaking with our seasoned Oceanside estate planning attorneys at Century Trusts & Estate Planning, PC, could help you gain peace of mind when considering the revocation of a will in California. Our estate planning law firm can advise you on revoking a will in Oceanside, CA, properly. We will ensure that your intentions are clear to avoid any disputes and confusion resulting from a failed revocation attempt. Contact us now and schedule a consultation to learn about how we can help you protect the people you love and accomplish your estate planning goals.