Yes, you can revoke a will in California through several legal methods, but it must be done properly to ensure your new estate planning intentions are legally valid and enforceable.
Legal Methods to Revoke a Will in California
California law recognizes multiple ways to revoke a will:
1. Physical Destruction
A will may be revoked if it is physically destroyed, but the testator (the person who created the will) must be the one to destroy it or must be present when the will is being destroyed.
Methods of physical destruction include:
- Tearing up the will
- Burning the document
- Completely crossing out the contents
- Any other method that clearly destroys the document
2. Creating a New Will
Writing a new will that explicitly states it revokes all previous wills is the most common and safest method of revocation. This ensures there's no confusion about your current intentions.
3. Written Declaration of Revocation
You can create a separate written document that specifically revokes your existing will, signed with the same formalities required for will execution.
When to Consider Will Revocation
Any major change in life circumstances should prompt an estate plan review—especially if the change is significant enough to warrant will revocation.
Common reasons for will revocation include:
- Marriage or divorce
- Birth or adoption of children
- Death of beneficiaries or named executors
- Significant changes in financial circumstances
- Relocation to another state
- Changes in tax laws affecting your estate
Important Considerations Before Revoking
Before writing a new will or destroying an old one, you should consult with your estate planning attorney to explore all available options. If you wish to disinherit a beneficiary or add a new heir, you may be better served by modifying your existing will through a codicil rather than creating an entirely new document.
Key considerations include:
- Whether a living trust might better serve your needs
- Impact on existing estate tax planning strategies
- Coordination with beneficiary designations on retirement accounts and insurance policies
- Potential gaps in estate planning coverage during the transition
Professional Legal Guidance
Even if you have no alternative to revocation, you need to ensure you're revoking your will in accordance with California state law. An experienced estate planning attorney can help you close any loose ends and assist in reworking your entire estate plan.
Our team at Kavesh, Minor & Otis provides comprehensive will preparation and revision services throughout Southern California. Don't leave your estate planning to chance—contact us to ensure your revocation is handled properly and your new plan meets all legal requirements.
