What Is a Revocation of a Will?
Updated: Oct 7
Before we start the conversation about how a will is revoked in Maryland, let’s begin with what exactly is a will. A will is a formal written document that will dictate how you prefer to have your possessions, assets and everything else that you own distributed to the people in your life who you cherish the most. This distribution can include charities, organizations, places where you work, people you have not met, the person who did a kind act to you 25 years ago, the neighbor who lent you money when you were in college (or her children/grandchildren if she has passed on), literally anyone who you choose can be part of your will.
The formal aspects of a will are easy to manage, just get it in writing, signed by you, witnessed by two other people and file it in a safe place. Now that we have nailed down what a will is, let’s go over how it can be revoked.
Maryland Laws Related to the Revocation of a Will
In Maryland, the Maryland Code of Estates and Trusts, Title 4 regarding wills notes that a will can be revoked in only four instances. It can be revoked:
If you make another or subsequent will.
If you destroy the will (or tell someone else to do it for you in your presence), it is considered revoked.
If you get married again, and have a birth, adoption or legitimization of a child who survives you, your will before the marriage may be revoked.
If there is a divorce or annulment of the marriage which happens before executing the will, the provisions of the will relating to the spouse (and only those provisions) may be revoked unless reviewed in the will or another document.
Revoking a Maryland Will is Serious Business
As you can see, there are some questions regarding wills that may need a closer inspection and review. For instance, when thinking about a will, it is very important to remember that it is a formal legal document. Remember the deed to your land, or even the formal title to your vehicle? These documents are treated with respect and not entered into lightly. The same goes for a will, it is an important and revered estate planning legal document, that is meant to stand on describing your intentions after you pass on from this life. Yes, they can be revoked, but the revocation of a will should never be taken lightly.
Maryland Estate Planning Law Firm- The Saint Yves Law Firm
There are several situations where the revocation of a will can come with some complications. This is the time to call a knowledgeable attorney to help you to manage the correct revocation and dissolution of your will. When you need an attorney who understands wills, schedule a consultation with our office, and let's get started.