Estate planning is a crucial aspect of securing your legacy. But sometimes circumstances arise that require you to change or even revoke your will. In Tennessee, the law outlines various methods to revoke a will. If you wish to revoke your will as part of updating your estate plan, it’s important to know what your options are and do so correctly.
There are four specific ways to revoke a will that we will discuss. We will also address what happens with marriages and divorces, and how that can impact the validity of wills made prior to the marriage or divorce.
Four Ways to Revoke Your Will in Tennessee
- Execute a New Will: One of the primary ways to revoke a will in Tennessee is to create a new one. The new will may revoke the prior one by inconsistency or by express revocation. Many estate planning attorneys provide an express revocation clause in the wills they draft for their clients. This prevents unnecessary confusion about what the Testator’s (creator’s) intent is.
- Document of Revocation: Tennessee law also recognizes the validity of a separate revocation document. To be effective, this document must adhere to all testamentary formalities necessary to execute a will. This means the Testator must be of sound mind, and must sign the revocation document before two disinterested witnesses. Those witnesses must also sign in the Testator’s presence and in each other’s presence.
- Physical Destruction: You can revoke a will by physically destroying it with the intent and purpose of nullifying its effect. Acceptable methods include burning, tearing, canceling, obliterating, or any other form of deliberate destruction. This tangible act serves as a clear expression of the Testator’s intention to revoke that will. But if there are still copies, this could be a problem if someone offers it to the court for probate.
- Subsequent Marriage and Birth of a Child: Changes in family circumstances can automatically revoke a Tennessee will. If the Testator marries and has a child after executing a will, the will is revoked by operation of law. If you have recently gotten married or had a child, this is a proper time to review your current documents and update your wishes as needed.
Impact of Divorce on Wills in Tennessee
In Tennessee, the dissolution of a marriage through divorce or annulment automatically revokes any testamentary dispositions to the former spouse. This includes not only bequests in the will, but also nominations for executor or trustee.
The will may direct to the contrary if you wish. Though having an ex-spouse be the executor or a successor trustee is probably not a good idea.
Keep in mind that this does NOT affect beneficiary designations. You must update these as your life circumstances change to prevent undesired outcomes.
Interestingly, remarriage to the former spouse can revive the will after the revocation occurred by operation of law. Of course, if one executes a new will after the divorce or annulment, this may not necessarily be the case. That could cause conflict about which will is the “real one.” This example emphasizes the need to regularly review and update your estate plan to reflect changes in your marital status.
Final Thoughts on Revoking Wills
Estate planning is a dynamic process that requires careful consideration and occasional adjustments. Whether prompted by life events or changing intentions, understanding the ways to revoke a will in Tennessee is important before taking any action.
If you find yourself contemplating such changes, consult with competent legal counsel first. An estate planning professional will help ensure your plan aligns with your current wishes.
Connell Law, PLLC stands ready to provide trusted legal counsel to residents of Middle Tennessee. We are here to guide you through the intricacies of estate planning. Our staff are able to assist with changes to wills, trusts, powers of attorney, and living wills.
Secure your legacy with confidence by seeking professional advice from our staff. Plan today for a more peaceful tomorrow.