Animus revocandi is a legal term derived from Latin that refers to the intention to revoke or cancel a legal document, such as a will. It signifies the mental state of a person who wishes to annul or withdraw their previous decisions. For instance, if a person has taken actions that clearly demonstrate their desire to revoke a will, this intention must be established for the revocation to be legally recognized.
This term is primarily used in the context of estate planning and probate law. It plays a critical role when determining the validity of a will, especially in cases where there are disputes regarding whether a testator intended to revoke their will. Users can manage related legal documents through resources like US Legal Forms, which offer templates for wills and revocations that comply with state laws.
Here are a couple of examples of abatement:
Example 1: A person writes a will and later decides to revoke it. They destroy the original document and create a new one that states their updated wishes. This act demonstrates animus revocandi.
Example 2: A testator tells their family that they no longer want their previous will to be valid, indicating their intention to revoke it. If this statement is supported by actions, such as creating a new will, it can establish animus revocandi.
| State | Key Differences |
|---|---|
| California | Allows for holographic wills, which may affect how animus revocandi is established. |
| New York | Requires specific formalities for revocation, which may influence the evidence needed for animus revocandi. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| Revocation | The act of canceling a legal document. | Animus revocandi refers specifically to the intention behind the act of revocation. |
| Nullification | The act of declaring something invalid. | Nullification can occur without the clear intention demonstrated in animus revocandi. |
If you believe you need to revoke a legal document, consider the following steps:
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It refers to the intention to revoke a legal document, particularly a will.