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Fraud or Undue Influence If the court finds that fraud or undue influence were involved in the creation of your will, it will be deemed invalid. Common situations could include: A nonfamily caregiver forcing the testator to leave them an inheritance.

Can a valid Will be Revoked? A Will is revoked through marriage or re-marriage unless the Will is made in contemplation of a particular marriage. Divorce or separation does not revoke a Will. A Will is revoked when it is physically destroyed by the testator with the intention of revoking it.

There are three general ways of revoking a will in Texas: through subsequent writing, by a physical act upon the will, or by operation of law.

A will that was once valid can be rendered invalid when the testator takes an action which validly revokes the earlier will. Revocation of a will can be done through an express statement or through burning, tearing, canceling, or otherwise destroying an earlier will with the intent of revoking it.

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.

There are a few things that can make a Texas will invalid. One is if the will was not properly signed and witnessed. Another is if the person who made the will, known as the testator, later revoked it. Finally, a will can be found invalid if it was created under duress or under false pretenses.

According to the law, a will may be revoked in the following cases: By implication of law; or. By some will, codicil, or other writing executed as provided in the case of wills; or. By burning, tearing, cancelling, or obliterating the will with the intention of revoking it.

Revocation of a Will / Loss of a Will By execution of a subsequent will. By some writing and declaring an intention to revoke the will. By burning of the will. By tearing of the will. Otherwise destroying the will.