Drafting a will takes time in deciding who in your family gets certain assets. Over the course of time, your family may grow, members may pass on or you may change your mind about how your possessions should be distributed. It isn’t uncommon to want to change your will several times before deciding that you’re satisfied. There are several procedures that could null and void your will.
Destroying The Current Will
If you wrote a will 15 years ago, and since then, grandchildren have entered your family, physically destroying your will most assuredly will void the previously written one, allowing you to write a new one to include your grandchildren. There are several ways you can destroy the will:
- Tearing it apart
- Writing VOID across all pages
Do not to put off updating or rewriting a voided will. If you should pass before doing so, the state will determine the fate of your possessions.
Writing A New Will
Writing a new will immediately nullifies a previous copy. In the new will, specify that any wills prior to the current one are no longer valid. If you should choose this method, be sure to destroy all previous copies as to avoid confusion over which will is the current one. Always formulate a new will in the presence of at least two witnesses to ensure you are of sound mind and there was no coercion.
Enforce a codicil only if you intend to nullify and change certain provisions listed in a current will. As with writing a new will from scratch, be sure to specify that any changed provisions in the current will nullify any written in the prior one. Specifically identify the changed provisions.
Like a codicil, an ademption is also a form of nullifying certain provisions in your current will, albeit by different means. An ademption means giving away a possession listed in your will while you are still alive. For example, in your will you list that your son will receive your yacht, but you instead give it to your grandson while you are still alive, then your son will not receive the asset upon your passing. Ademptions only work with specific items and the beneficiary has no option in receiving another item should the one listed be given away.
To learn more about how wills can be nullified or if you plan on writing one, contact McAllen’s experienced wills and probate attorneys of Barrera, Sanchez & Associates at (956) 287-7555.