How is a will voided?
UPDATED: Oct 1, 2022
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How is a will voided?
My father in law willed to my husband 2 pieces of
property in Myrtle Beach, SC he owns. He stated
recently that he did away with the will and there
is none to replace it. Does that me the copy we
have is voided and his estate goes to probate when
Asked on July 19, 2018 under Estate Planning, Georgia
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
IF your father-in-law drafted and executed (signed, etc.) a written document stating that the former will is void, then yes, he could void it. But the will must be voided in writing, and that writing must be signed and witnessed the way the original will was. Wills may only be voided in writing, by documents which meeting the requirements, in terms of execution (signing and witnessing), of wills. A will may not be voided orally (not in writing) or by writing which isn't executed the way a will would be.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.