Revoking a will is a straightforward procedure. However, if a revocation is not carried out strictly in accordance with the law, a court may find the revocation invalid, leaving an unwanted will in force.
To ensure that revocation of a will in Naperville is effective, it is wise to seek assistance from an experienced wills lawyer familiar with the enforceability of wills. It is possible to revoke a will in several ways, but the law also describes situations that do not result in revocation.
A will is a document in which someone explains how their property should be disposed of after their death. Since a will is often formally referred to as a “last will and testament”, the person creating the will is known as a testator.
A will may also name a guardian to care for children and manage property left to minors. In addition, a will usually also names an executor or personal representative who should ensure that the terms of the will are fulfilled in accordance with the law.
Wills do not need to be notarized or registered, but they do need to be properly signed and witnessed. Although wills may be amended, those wishing to make changes are usually advised to revoke their will in Naperville and create a new one.
State statutes describe four ways to legally revoke a will. Under 755 Ill. Comp. Stat. §5/4-7(a), the testator who created a will may revoke the will by:
Subsection (b) of this statute explains that a change in the testator’s circumstances does not automatically result in revocation of a will in Naperville, although a divorce has the ability to revoke parts of the will related to the former spouse. Essentially, the divorce causes the law to act as if the spouse predeceased the testator so that provisions granting property or naming the spouse as executor are ignored.
If someone revokes a will without creating a new one, the law treats it as if no will ever existed. Property would then be distributed according to the laws of intestate succession.
Once a will has been revoked, it can be reinstated. The process is referred to as revival.
To revive a fully revoked will, the testator must re-execute the will or execute a document declaring the will to be revived. This document must be signed and witnessed according to the same standards as an original will. A document establishing a partial revocation of a will in Naperville may itself be revoked, thereby reviving that portion of the will.
While the law provides several means to revoke a will, there are examples of situations in which a testator attempted to revoke a will but failed to satisfy the legal requirements. For example, taking action to scratch out or obliterate terms of a will cannot be counted as a revocation if the acts are taken on an unsigned copy of the will rather than the original.
Individuals who wish to ensure the revocation of a will in Naperville fulfills legal requirements are advised to consult an experienced attorney for assistance. Although a will could be a simple document, the laws interpreting requirements associated with creating, changing, and revoking wills are complex and may be subject to strict interpretation, even if such interpretation appears to conflict with the testator’s intentions. Call now for a consultation with an attorney.
