Revoking a Will

What happens if you have a will that you wish to cancel or replace? Do you know what actions to take so that you can be sure that the will that no longer reflects your wishes is not upheld if by chance something should happen to you?

Probate Code

Texas probate code allows for two manners of revoking a will, which is the legal term for canceling out a will that is no longer useful to you. While these two actions themselves are quite simple, there are many things you must consider when choosing to revoke a will, and you may wish to consult with a wills and trusts attorney before proceeding. The two avenues for revoking a will in Texas are:

  1. By writing a subsequent will
  2. By physically destroying the unwanted will

Both these actions sound simple, but include several considerations. If a subsequent will is drafted, it must be executed with all the formalities required in the first. Sometimes clients draft one will with an attorney, and when they wish to change something, they think they can simply write out their wishes on their own. However, there are many formalities that must be met when drafting a will.

Physically destroying a will can also lead to a revocation. It is important that the entire will be destroyed. Marking through an undesirable part or physically destroying a portion will not cause the will to be considered legally revoked, nor will the altered portions be revoked.

Contact Us

It is important that you keep your will updated in a way that reflects your wishes and will honor and support your loved ones or community should you pass away. If you no longer feel that an older will could accomplish that, contact the Houston wills and trusts attorneys of Garg & Associates, P.C., today at 800-242-2151 to speak with a qualified and caring lawyer.

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Garg & Associates, PC | 21 Waterway Avenue, Suite 300 | The Woodlands, Texas 77380 Please call 281-362-2865 | Fax: 866-743-4506
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Land, River Oaks, Alief, Stafford, Missouri City, and Southwest Houston Texas.