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Revoking a Will

Thumbnail image for Michael Cass with name.jpgFor various reasons, sometimes a person just wants to revoke a Will. Maybe your son just won the lottery and doesn't need the money, or maybe you are no longer comfortable with your friend taking care of your kids. How do you go about revoking that last Will?

Minnesota allows you to revoke a Will in writing or by action. The overarching idea is that you need to intend for the Will to be revoked. For example, revocation can be accomplished by writing "Revoked" across the top of your Will. It can also be completed by destroying the old Will-burning, tearing, or, yes, "obliterating" the old Will. Best practice in revoking a Will, however, is to create a new Will and specifically address revocation of any prior Wills.

Remember, revoking a Will may be as easy as shredding the Will, but creating a new one must be done according to the rules. Also, keep in mind that if you destroy your old Will without creating a valid new Will, your estate may pass according to the Minnesota laws of intestacy. Finally, be aware that certain changes in circumstances, including divorce, may automatically revoke at least part of your Will. If you need help revoking your Will, creating amendments to your Will, or creating a new Will, please contact Mike Cass at 320-763-3141 or [email protected]

Disclaimer: This article is for general informational purposes only and is not legal advice. For legal advice regarding your particular situation, please retain an attorney as soon as possible so as to not lose any legal rights you may have.

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