The Massachusetts Uniform Probate Code (“MUPC”) covers revocation (termination) of a will in M.G.L. 190B, § 2-507. A testator—the person who signed the will—can revoke or partially revoke a previous will by either:
- Executing a subsequent will that revokes a previous will or is inconsistent with the terms of the previous will; or
- By intentionally performing a “revocatory act” such as tearing, obliterating, burning, or destroying the will.
It is important to note that if a will doesn’t make a complete disposition—that is to say that the will does not distribute your entire estate—the latter will be treated as a codicil (an amendment to the original will).
Understanding revocation is important. Without revocation, a will that leaves assets in a manner that you do not want is a critical failure in the estate planning process in Marshfield, MA.
Many of my clients ask me when they sign their new will: “What should I do with my old will?” I recommend destroying the older will for a couple of reasons. First, it prevents a party from destroying or hiding your newer will because the original will had more favorable terms. Second, an older will may provide confusion as to your intent. All of the wills that I draft include language that revokes prior wills.
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