September 12, 2019
How Can I Revoke a Will in Michigan?
Every adult needs a will. Even if you do not own real estate, have children, or you are single, you need a will to ensure that your final estate is distributed according to your wishes. Having a will makes it easier for your loved ones to finalize your financial affairs. It also prevents the state from making decisions for you regarding your property and your heirs. However, executing a will is not always the final word on the matter. Life events and personal preferences can cause you to change your mind about the provisions in your will. It may be necessary to change your will. If you change your mind after you sign a will, there are a couple of ways to revoke your will.
Physical Destruction of a Will
Physically destroying a will revokes all provisions contained in the will. Destroying a will includes tearing, burning, and shredding the paper. If you destroy part of the will, your action is likely to be interpreted as revoking the entire will. However, it is best to destroy the entire will by shredding the will instead of simply tearing the will in half.
Executing Another Will
Executing another will revokes all previous wills. If you intend to revoke your will, it is typically best to physically destroy the original will and execute a new will stating that all previous wills are revoked.
It is not recommended to revoke a portion of a will with a new will. This action can cause confusion and result in both wills be accepted or refused by the court, depending on the circumstances.
If you wish to change some provisions of your current will, it is best to execute a new will revoking the previous will. You can include the provisions from your previous will that you want to keep in your new will while adding new provisions.
Divorce Revokes Portions of a Will
If you bequeathed property to your spouse in your will, a divorce revokes those provisions in your will without any further action. You may leave property to an ex-spouse, but you need to update your will to reflect your desire to bequeath certain property to your ex-spouse. Otherwise, your divorce prevents your spouse from inheriting from your estate under a new will.
Even though a divorce revokes provisions for an ex-spouse from a will executed before the divorce, it is strongly recommended that you review your estate plan with a Michigan estate planning attorney after a divorce. Divorces, marriages, the birth or adoption of a child, and the death of an heir are all reasons to review your estate plan with an attorney.
Questions About Estate Planning in Michigan
If you need to revoke a will or create a new will, contact our office to discuss the steps you need to take to protect your property and your heirs. Do you have other questions about wills, trusts, powers of attorney, and other estate planning documents? The attorneys of The Elder Care Firm of Christopher J. Berry handle all matters related to estate planning. We also assist clients who need help probating an estate or assistance with probate litigation.
Call 888-390-4360 or use the contact form on our website to schedule a consultation with one of our Michigan estate planning lawyers.