Will (law)

In the law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. For the devolution of property not disposed of by will, see inheritance and intestacy. In the strictest sense, "will" is a general term, while "testament" applies only to dispositions of personal property (this distinction is seldom observed). A will is also used as the instrument in a trust.

Revocation

Methods and effect

The intentional physical destruction of a will by the testator will revoke it. This could be accomplished by the testator deliberately burning or tearing the physical document itself, or even by striking out the signature. Most jurisdictions allow partial revocation if only part of the text or a particular provision is crossed out. Other jurisdictions will either ignore the attempt or hold that the entire will was actually revoked. A testator may also be able to revoke by the physical act of another (as would be necessary if he is physically incapacitated), if this is done in his presence and in the presence of witnesses. Some jurisdictions may presume that a will has been destroyed if it was last seen in the possession of the testator but is found mutilated or cannot be found after his death.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

A will may also be revoked by the execution of a new will. Most wills contain stock language that expressly revokes any wills that came before them, however, because normally a court will still attempt to read the wills together to the extent they are consistent.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

In some jurisdictions, the complete revocation of a will automatically revives the next most recent will, while others hold that revocation leaves the testator with no will so that his heirs will instead inherit by intestate succession.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

Where a will has been accidentally destroyed, on evidence that this is the case, a copy will or draft will may be admitted to probate.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

Dependant relative revocation

Many jurisdictions exercise an equitable doctrine known as dependant relative revocation. Under this doctrine, courts may disregard a revocation that was based on a mistake of law on the part of the testator as to the effect of the revocation. For example, if a testator mistakenly believes that an earlier will can be revived by the revocation of a later will, the court will ignore the later revocation if the later will comes closer to fulfilling the testator's intent than not having a will at all.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~