Legal Question in Wills and Trusts in Kansas

Destroying a Will?

My husband is deceased and I am wondering if I can destroy the Will that I made. It is my own personal Will.

Thanks


Asked on 10/25/06, 1:15 pm

1 Answer from Attorneys

Anthony Smith LawSmith

Re: Destroying a Will?

You have the right to destroy your own will, except where you have contracted otherwise. Normally one can make their testatment and will as they please. they cna undo it likewise. However, in rare situations, people make agreements whiel they are alive that limit what they plans they can make for thier property. Someitmes this is, "If you come live with me on the farm, and take care of me til I die, I will leave the farm to you" They are rare.

If you have not made any agreemtns to leave anything specific to anyone, house, car, plane, furniture, etc., you can destroy your will. BE careful. Often joint will plans have a tax avoidance scheme inclucded. If you destroy your will, you may subject more of your estate to go to pat taxes, leaving less for your other survivors.

You must thoroughly physically destroy your will be tearing, burning, or marking over the words. Also give written notice to anyone who might hold acopy of th ewill that you have destroyed the original. Otherwise, when the original cannot be found, someone may submit a copy to the probate court. Then your efforts to destroy would be for naught.

Teh easiest way to destroy a will is to tear up the old one, and make a new valid will that describes your destroying the previous one.

Good Luck

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Answered on 10/26/06, 12:46 pm


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