Can I just destroy an old will and make it invalid?

Question

I had a will made a few years back. After I got it, I simply put it in my safety deposit box. Now I have gotten a divorce.

Jeffrey Gottlieb · Answer

Technically, yes, if you destroy the (only) original.? But it's probably better to do a new Will revoking the prior Will.

Frances Headley · Answer

You can but it would be wiser to do a new will superceding the old one or if you are not ready to do that yet put your revocation in writing.

Nathan Wagner · Answer

Yes, you can make a will invalid by destroying it. However, replacing the will with a new one is usually a much better option. That way, you decide how your assets are divided, rather than allowing your state's rules to decide. If you choose to simply destroy the will, make sure other people know that you are doing so. You could tear up the will and put the pieces back in the safety deposit box with a note saying you have revoked the will by destroying it. After you are gone, if no one can figure out what you have done,?the probate court might conclude that the original will is just lost, but that you did not revoke it. In any case, my advice would be to create a new will.

Brian Haggerty · Answer

Yes, if you destroy your will it is revoked. However, your divorce already revoked those terms in your will in favor of your spouse.

Thomas Edward Gates · Answer

You can tear up the will or by getting a new one, the old one is no longer valid.

Kathleen Delacy · Answer

Yes destroy and any copies

Jeffrey Marsocci · Answer

In North Carolina, you can tear up an old Will and it will become invalid, but this can also leave some issues of "proof" open, i.e. copies showing up. The best way to handle things is to have a new Will created that will supersede the old one. Now you aren't just getting rid of an undesired estate plan but are instead putting in place the plan you want.

James Frederick · Answer

Yes, this would work for the old Will, but now that you are divorced, you need to update your estate plan to reflect your current objectives. You also want to make absolutely sure that your ex's name has been removed as a beneficiary on ALL of your assets. You would be amazed at the number of people who continue to list their ex-spouse as beneficiary.

Norman Green · Answer

Yes.    Better is to write REVOKED in big red letters on it.  Sign or initial, date, and then tear it in half or quarters.  Even better is to execute a documents stating your will dated

Dara J. Goldsmith · Answer

Under Nevada law absent a provision in your decree the Will as to your ex-husband is invalid.  You can destroy it to revoke it.  I usually suggest my clients destroy it, and write canceled/revoked on it, rip in a few pieces and save to show it was revoked.  Also notify the attorney who drafted it, so it is clear that it was revoked.  Best to make a Will to handle your affairs and state that all prior Wills are revoked.

Jayne Sebby · Answer

Yes, you can destroy the old will.  Be sure to shred it and any copies completely after you draft a new one.  Also, it?s not necessarily a good idea to keep your will in a safety deposit box because, after your death, no one will be able to access it without a court order requiring the bank to give a designated person access.

Bernard H. Greenberg · Answer

Y es, you can simply destroy that old Will and any copies.

Richard Keyes · Answer

In Missouri, if you named your spouse in the will and then got divorced, the law treats your spouse as having pre-deceased you.   Your will is still valid.  You do not have to make any changes if you do not want anything to go to your ex-spouse.

Erven Nelson · Answer

You should write REVOKED across it, then create a new will.  The new will should state that it supersedes all previous wills.  Also, you should consider creating a trust so your heirs can avoid probate.

James Oberholtzer · Answer

Yes, you can invalidate a Will by destruction.  It is better to revoke it since the physical act of destruction may not be easy to prove in the future.  You can revoke it by writing revoked across the front page and date and sign it.    Before you do any of this, consult an attorney.  You will probably want to make a new Will and have it in place as soon as possible.

Mark T. Peters · Answer

The best thing to do is to make a new will.   That Will will revoke any prior wills.

Christine James · Answer

Yes but it is best practice to do a revocation of the will so no one finds a copy and presumes it valid.  This is especially true if an attorney drafted the will for you initially.

Nathaniel Landman · Answer

Yes destruction of a will would make it invalid.  It is better though to make a new one specifically revoking all prior wills, than to just destroy a prior one.

Phillip Day · Answer

Rip it up and make a new will.

Richard Wooster · Answer

You can destroy a will to make it invalid.  However, copies of it may exist and it may be admitted to probate if it is not challenged.  The best practice is to make a new will, that clearly states how you want your property distributed.

Ben Liu · Answer

If you destroy all copies of the will, it will be ineffective. Or you can make a new one revoking all older wills.

Rick Lee Denker · Answer

If you destroy the will, it will be invalid.  A better plan would me to make a new will and specifically state that you are revoking all prior wills.

James Maguire · Answer

Yes, but make sure that all of the copies are destroyed. The attorney who   prepared it may also have a copy.   Destroying a will revokes it.

John Palley · Answer

Yes, you can simply rip it up and throw it away.  If an attorney drafted it you might notify them so there is confusion with photocopies or anything like that.

John Brennan · Answer

Make it revoked and leave it in the box, see an attorney and make a new will to replace it.

Victor Waid · Answer

Yes you can destroy a will; put it through a shredder or burn it. And a will is invalid after a divorce as to any bequests to the former spouse.

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