Darrell executed a will fifteen years ago. Now he has changed his mind about how he wants his estate distributed and who he wants to appoint as executor. Discuss how Darrell may revoke his will

Answer 1

A will is revocable by the testator, although certain formalities are necessary to effect the revocation. Most jurisdictions specify by statute the methods of revoking a will, but there are three generally accepted methods for the testator to revoke: destruction or alteration, executing an inconsistent subsequent will, or executing a codicil. Tearing, burning, or otherwise destroying a will is strong evidence that the testator intended to revoke it. Unless such destruction is proven to be inadvertent, it is an effective way of revoking a will. In some states, partial revocation may be accomplished by erasing or marking out part of the will. To constitute a revocation of an earlier will, a second will must be inconsistent with the first or contain a declaration that all former wills are revoked. A codicil is an addition to or a revision of a will, usually by a separate instrument, which must be executed with the same formal requirements of a will.