Legal Question in Wills and Trusts in Pennsylvania

Will

How do I cancel my will without writing a new one?


Asked on 2/15/07, 1:46 pm

2 Answers from Attorneys

Re: Will

An physical act that completely destroys the Will is sufficient (burning or tearing, etc.), if done completely and with the intent to revoke.

Intent is very important, you may wish to have someone who does not stand to benefit from your death witness your action after telling him or her that you are doing so intentionally.

To learn who will benefit from your death as an intestate heir according to Pennsylvania law, use this site's Intestacy Calculator: www.pawill.com

If you have property in other states, you may find additional answers here: www.mystatewill.com

Good Luck!

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Answered on 2/15/07, 1:57 pm
Miriam Jacobson Retired from practice of law

Re: Will

Why would you want to do that? If you destroy your will, and do not replace it with a new one, you risk having state law dictate who will inherit your estate.

What you need to do instead is have a new will [and the documents that go with it: Durable Power of Attorney, Advance Health Care Directives, also sometimes referred to as a "Living Will", and a Health Care Power of Attorney] prepared and signed. A new will automatically replaces an old one. Lawyers have different positions on whether the old will should be destroyed or just held by the lawyer, as evidence of what the client intended in the past. Also, if the new will is ever lost and no copy can be found, or if it is declared by a court to be invalid, it is possible to use the old will.

It is always important to review your will documents every few years or when anything in your life or your family's situation changes.

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Answered on 2/15/07, 2:26 pm


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