Legal Definitions - Revocation of Wills by Instrument

Revocation of Wills by Instrument refers to the legal process where a previously existing will is canceled and made legally void through the proper creation and signing of a new will. This new will must contain a specific, clear statement (often called a "revocation clause") indicating the testator's (the person making the will) intention to invalidate all prior wills. Essentially, the new, validly executed will acts as a formal written document (the "instrument") that legally supersedes and cancels any earlier testamentary documents.

Here are some examples illustrating this concept:

• Example 1: Updating After Marriage

  Before she was married, Sarah created a will in 2010, leaving all her assets to her sister. In 2023, after marrying David, Sarah decided she wanted to update her estate plan to include David as her primary beneficiary and name him as her executor. She consulted an attorney who drafted a new will for her. This new 2023 will contained a prominent clause stating, "I hereby revoke all prior wills and codicils." Sarah then properly signed this new will in the presence of the required witnesses, making it legally valid. This act of creating and executing the 2023 will, which explicitly revoked the 2010 will, is an example of Revocation of Wills by Instrument. The 2010 will is now legally invalid.

• Example 2: Significant Change in Financial Strategy

  Mr. Henderson had a will from 2015 that distributed his estate equally among his three children. Years later, after selling his successful business and establishing a substantial charitable foundation, he decided he wanted a significant portion of his estate to go to the foundation, with the remainder distributed differently among his children. To reflect these major changes, Mr. Henderson worked with his legal counsel to create a comprehensive new will in 2024. This new document explicitly stated, "I hereby declare this to be my last will and testament, and I revoke any and all wills and codicils heretofore made by me." Once this 2024 will was properly signed and witnessed according to legal requirements, it legally canceled the 2015 will. The 2024 will, being the "instrument" containing the revocation clause, effectively revoked the previous will.

• Example 3: General Update of Outdated Provisions

  Maria created a will 15 years ago. While her family situation hadn't drastically changed, some of the specific bequests (e.g., a car she no longer owned, a bank account that had been closed) were outdated, and she wanted to update her executor and guardian nominations. Rather than just making minor amendments, Maria decided to create an entirely new will. Her new will, drafted in 2024, began with a standard clause: "I hereby revoke all previous wills, codicils, and testamentary dispositions made by me." After she signed this new will in the presence of the required witnesses, the old will from 15 years ago was legally nullified. The new will, as the formal "instrument" containing the express revocation, superseded and invalidated the prior document.