Legal Question in Wills and Trusts in New York

How to rescind a will

My Mom has got a will that she wants to rescind. There are probably copies with the (soon-to-be previous) executor, her lawyer (possibly) and she could probably has one or 2 stashed somewhere also. What must she do?


Asked on 6/10/07, 2:50 pm

1 Answer from Attorneys

Arnold Nager Arnold H. Nager, Esquire

Re: How to rescind a will

She should write a new one. That will cancel out any previous wills and/or codicils, if properly worded.

In addition, just have her tear up the original. Copies can not be offered for probate.

This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon in any way. All readers are advised to consult an attorney to address their specific legal concerns. Additional facts could affect the answer given.

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Answered on 6/10/07, 5:17 pm


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