When life circumstances change, you may alter the decisions you have made in your estate planning documents. You might choose to revoke your will at some point. But what if you have a change of heart and want to reinstate it? There are different ways to revive a revoked will.
Reviving Your Old Will
Depending on the laws of your state, you may have several choices for legally reinstating a previously revoked will. This can be done by either revoking the new will that cancelled the old one, expressing your intention to revive the old will, or re-executing the originally revoked will.
Revoking a New Will to Reinstate the Old Will
In common law, if a later will cancelled out the original one, undoing the second will could potentially revive the original. Usually, the latest will is seen as the one in effect until the time of death. Until then, the initial will is not truly revoked but overridden by the newer version. Therefore, tearing up or disposing of the second will and any duplicates of it can allow the first one to regain its authority upon death. However, it’s important to note that most states do not adhere to this principle, so reviving the old will is unlikely to be this straightforward.
Expressly Stating Your Intent to Revive the Old Will
Certain legal jurisdictions permit the reinstatement of a revoked will if it’s clear from the circumstances that you meant to bring back the initial will. Streamlining the process of will revocation and revival can be achieved by clearly expressing your intent in the proper format and adhering to the required formalities for execution.
Your intention to reinstate a revoked will could potentially be discerned from the new will that revokes any prior ones and restates and incorporates the terms of the will you wish to revive. If there are indications or language within the revoking document that suggest an intent to bring back the original will, the court may view this as evidence of revival. Alternatively, the mere destruction of the most recent will could be seen as a sign of your intent. If this was your initial intention and you had an estate planning attorney carefully analyze the language used and the context in which the revoking document was created, you might be able to reinstate the initial will.
Re-execution of the Revoked Will
An additional method to reinstate a revoked will involves re-creating the original one. This entails signing a copy of a new or identical will or executing a codicil to the initial will, clearly stating your intention to bring back the original will, effectively revalidating it. This typically requires adhering to the same legal formalities as when you initially created your valid will, which includes signing in the presence of witnesses and a notary, and meeting other legal criteria as per local laws. The process of re-executing the revoked will via a codicil should be accompanied by a clear statement expressing your intent to revive or reinstate the terms of the will that was previously revoked.
Different states interpret and apply these methods differently, leading to variations in legal outcomes based on regional statutes and precedents. It is important to consult with an estate planning attorney to correctly revive a revoked will and ensure that your wishes are accurately represented and upheld.
Seeking Estate Planning Advice
If you have created a will, revoked it, and would like to revive it, understand that you may not be able to tear up the new one and immediately revert back to the old version. Do not attempt to recreate or reinstate the will yourself. The interpretation of will revival and revocation laws can vary widely based on jurisdiction and legal precedent.
Wills are legal documents that must be validated in probate court after you pass. If you have multiple drafts of your will, your intent is unclear, or they were not developed in compliance with state laws, the court may follow the state laws of intestacy instead of your wishes. Your beneficiaries may not receive their inheritance as you intended, adding disappointment to their grief.
We can help you document your wishes accurately, address changes legally, and ensure that your will clearly states your true intentions. We can also play a crucial role in helping create your will and other estate planning documents that guide your family through a quick and efficient probate process when you are gone.
At Cheever Law, APC, we don’t just draft documents; we ensure you make informed and empowered decisions about life and death for yourself and the people you love, starting with a valuable and educational Family Wealth Planning Session. The Life & Legacy Planning Session will allow you to get more financially organized and make the best choices for the people you love. If you have already completed your estate plan, we will review that plan at your Life & Legacy Planning Session (aka Family Wealth Planning Session) to ensure that it will work the way you intend and address any holes or gaps that may be present if circumstances have changed since you executed your plan.
To learn more about our one-of-a-kind systems and services, contact us or schedule a 15-minute introductory call today.