Legal Question in Wills and Trusts in Texas

Can you destroy your will?

Situation: Divorced man draws up a Will stating his issue (an only daughter) inherits everything he has (in Tyler, Texas 1968), the daughter was adopted by her step father (1966) before the divorced man drew up the above will. 10 years later, the divorced man draws up another Will changing his beneficiary to someone close to him, but not blood-related (1978). Sometime before the divorced man dies (2001), he destroys the original of the last will (at least we presume he destroyed it, because we can't find it), but there are copies found in his study. The original of the first will is also available. Which will prevails? The man never remarried.


Asked on 8/26/01, 4:55 pm

1 Answer from Attorneys
Joshua Wintters Law Offices of Joshua Wintters

Re: Can you destroy your will?

Hello --

The rule of law regarding wills is that a later will invalidates an earlier will, as long as the later will meets the requirements of a will (the later will is executed with the proper formalities, the testator is of sound mind, etc.) It is the absolute right of the will-maker to revoke his or her will and make a new will at any time in his/her life. I hope this answers your question. Should you have further questions or wish to consult with me, please feel free to e-mail me at: [email protected] Thanks and all the best.

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Answered on 9/04/01, 10:32 am


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