Under California law, there are several ways to change and revoke a California Will.
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California Will Revocation
California Will Revocation is the process involved when a testator decides to revoke their Will. In California, there are two options to revoke a Will, one is to create a new Will that specifically revokes your old Will and, the other is, to physically destroy your original Will.
Changing Your Will
Your Will can be changed whenever the maker of the Will (testator or testatrix) desires to do so. Never make changes in your Will by crossing out words or sentences, making notes in the margins, or making notes or correction in the margin. Should you do this, you may invalidate your Will.
A Codicil is a document that makes reference to your Will and states the changes you are making to your Will. Codicils must be executed in accordance with the same state laws that are applicable to Wills. Many times it is much better to create a new Will rather than use a Codicil.
How do I Revoke my Will?
You can revoked your Will by:
- Creating a subsequent Will which specifically revokes all or part of the prior Will by using different terms that conflict with the prior Will.
- By burning, tearing, cancelling, or destroying the prior Will with the intent to revoke. This must be done by either the testator or another person who is in the testator’s presence and acting under the testator’s direction.
Never, ever keep old Wills around or with your new Will, the old one should be destroyed to avoid any confusion after your death.
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