How do you revoke a will?

WHAT IS REVOCATION?

Revocation is the formal act of making or rendering a will or codicil invalid, null and void, or of no legal effect. A will being a written paper, means that a competent testator may change or revoke it at any time before his death.

HOW CAN A WILL BE REVOKED?

A will may be revoked by a more recent will or codicil. This is the most popular way to revoke a will, especially in circumstances where the testator wants to make major changes.

Most wills should contain an 'express revocation clause' which states that this current will cancel any previous will.

What is a codicil you may ask? A codicil is a legal document that acts as a supplement to your last will and testament. In it, you can make changes to your will without having to rewrite the entire document. For example, in the will, a house is given to the son. However, the testator, by way of his codicil, changed his mind and decided to give the said house to his daughter.

Just so you grasp the concept clearly, I will use another example. For instance, if the testator creates his last will and testament dated January 1, 2000 and thereafter creates another will or a codicil dated January 2, 2000, then his more recent will or the codicil is deemed as his last will and testament.

WAYS TO REVOKE A WILL

A duly executed writing declaration stating the testator's intention to revoke the will - A will can be revoked by a written declaration which clearly states the testator's intention to revoke the will. This is sufficient, provided that the declaration is executed in accordance with the same formalities required for the making of a will.

Destroying the present will - The testator can also revoke his will by simply destroying it. To revoke by destruction, the testator must intend to destroy the will, and actually do so. While the will does not need to be totally destroyed to be revoked, a mere effort, such as crossing through the will, is insufficient. Destruction needs to be something more substantial, such as obliterating an important part or parts of the will so that it becomes illegible. If the testator wishes to destroy the will but the destruction of the will is not carried out by said testator, it must be destroyed by another person in the testator's presence at the testator's discretion. A will destroyed by accident or mistake is not revoked, as the testator did not have the necessary intention to revoke that will.

Marriage - By simply uttering the words "I do" before a marriage officer in Jamaica automatically revokes your will. Many persons are not aware that a will is revoked by the marriage of the testator, irrespective of the testator's intention. If the testator does not make a new will after marriage, then upon his death he will be deemed to have died intestate. There are, however, exceptions to this rule including, for example, if a will was made in contemplation of marriage. As such, it is recommended that immediately upon marriage you should execute a new will, even if the will remains the same.

Odane Marston is an attorney-at-law who specialises in conveyancing, administration, probate, recovery of possession, criminal litigation and divorce. Marston may be contacted via email Odanemarston@gmail.com or telephone 876-999-5391. This article is for general information purposes only and does not constitute legal advice.