Legal Question in Wills and Trusts in Pennsylvania

Can a person remove themselves from a will via telephone?


Asked on 10/26/12, 6:31 am

1 Answer from Attorneys

You do not "remove" yourself from a will. A person who makes a will is called a testator. A person who inherits is called a beneficiary or devisee or heir. If the testator dies and the person named in the will does not want to receive the bequest, then state and federal law have strict guidelines that have to be followed in order to make an effective disclaimer. But the bequest can be refused so there is never a need to remove oneself from a will. Disclaimers have to be in writing and filed after the testator's death.

If you are a beneficiary and the testator is still alive, the will is not operative yet. Wills only take effect upon death. While you can always tell the testator that you do not wish to be included in the will, its ultimately up to the testator to change the will to exclude you, not you.

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Answered on 10/26/12, 4:15 pm


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