Raleigh North Carolina Written Revocation of Will

State:
North Carolina
City:
Raleigh
Control #:
NC-WIL-1800B
Format:
Word; 
Rich Text
Instant download

Description

This Written Revocation of Will form is to revoke a prior will by separate written instrument. A separate revoking document is needed because when a new will is made, it will usually contain a clause revoking all prior wills. But what if the will containing the revocation clause is not favored by your heirs and they also have your old will which they do favor? Sometimes an unfavored will may be ignored by the heirs, destroyed or otherwise withheld from probate. Instead, a prior will is probated by your heirs. This written revocation is to make it clear that no prior will shall be probated and to provide additional evidence of your intent to revoke.
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FAQ

When a person (the 'Testator') makes a valid Will, section 20 of the Wills Act 1837 states that it can only be revoked in three ways: by the Testator making another Will or codicil; by them signing a revocation provision (a professionally drafted Will will always include this provision) or by destruction.

Aside from a written revocation, you can also revoke all or part of a will in these ways: giving away or selling the property mentioned in your will before you die. destroying, tearing or shredding the original version of your holoraph (handwritten) will or will made in the presence of witnesses.

A privileged will or codicil may be revoked by the testator by an unprivileged will or codicil, or by any act expressing an intention to revoke it and accompanied by such formalities as would be sufficient to give validity to a privileged will, or by the burning, tearing or otherwise destroying the same by the testator

If a will is revoked, this effectively means that it has been cancelled. There are three ways in which a will can be revoked. Revocation of a will by making a subsequent will or codicil.

A will may be revived if the testator revokes the will he no longer wants to be his will and republishes the old will either by re-execution or by codicil.

Destroy the Old Will A common way to revoke a will is to destroy it utterly. You can burn it, tear it, or shred it to pieces, so long as you intend to destroy the will. This applies to whether you actually destroy it, or whether someone else destroys it, at your request, and in your presence.

Revocation is an annulment or cancellation of a statement or agreement. In the context of contracts, revocation may refer to the offeror canceling an offer.

When a person (the 'Testator') makes a valid Will, section 20 of the Wills Act 1837 states that it can only be revoked in three ways: by the Testator making another Will or codicil; by them signing a revocation provision (a professionally drafted Will will always include this provision) or by destruction.

A will that is destroyed by the testator is revoked. You can revoke a will be tearing it, burning it, or the like. Generally, if you make a new will you may wish to destroy previous ones. However, if there is any concern about the validity of a new will, then retaining a prior valid will can be helpful.

A will may be revoked by the testator in one of two ways: through a writing, or through a physical act. A writing that constitutes a subsequent testamentary instrument can serve to revoke a will, if that writing contains language of express revocation.

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Raleigh North Carolina Written Revocation of Will