Even though it is a relatively uncommon situation, some ask us about will revival or how they can revive an old will. While revising a previously made will is possible, it typically is not the best option in most situations. Nevertheless, if you are interested in will revival, there is some basic information you need to understand. To better explain what a will revival is, how it works, and why you might choose to do it, let’s take a look at some commonly asked questions.
What is a revival of an old will?
You probably know that a last will and testament is a legal document in which an adult can make specific types of decisions. Most of those decisions surround the question of inheritance, but can also address issues about executors, child guardians, and more.
When you create a last will and testament you retain the ability to modify or revoke that document whenever you like. As long as you remain mentally competent, you can update, revoke, or even destroy your last will and testament at your choosing.
Many people who revoke their previous will do so because they create a new will. The new will typically states, for example, that any previous or prior will the person made is invalid.
A will revival, therefore, is when a person goes back to a previous will and makes it his or her current will. For example, let’s say that you made a will several years ago, but recently created a brand-new last will and testament that makes completely different choices. If you wish to go back to the choices you made in the previous will, you can revive that document if you take some specific steps.
Can I revoke my current will to revive a previous will?
The answer to any specific question about will revivals depends on the laws of the state in which you are located. Having said that, however, you generally cannot revive a previous will simply by revoking or destroying your current will.
For example, if decide to shred your current will with the intent to invalidate it, this action won’t revive a prior document.
How do I revive a previous will?
Again, the answer to this question depends in the state in which you live, but there are usually several options. First, you can create a new codicil that states that you want to revive the previous will. Second, you can create a new testamentary declaration that does the same.
However, if you are considering reviving a will, it’s imperative that you speak to an attorney in your area. In many situations, people who want to revive a will are better served to simply make a new will instead.
Blaine Peterson
Attorney
Parman & Easterday
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