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If my second will is destroyed, will it revive my first will?

If my second will is destroyed, will it revive my first will?

Full question:

I made a will in 2010. Later, in 2015, I made another will, revoking the one made in 2010. What I would like to know is, if my second will is destroyed, will it revive my 2010 will? I live in Ohio.

Category: Wills and Estates
Date: 04/07/2025
State: Ohio

Answer:

No. If a person, referred to legally as a "testator," makes a second will, that will overrides any older will. It does not matter if the second will is destroyed, that will not revoke the second will or revive any earlier will. However, there is an exception to this rule. If someone can prove that the person who made that will, the testator, meant to revive the first will by destroying the second one, then the first will is revived and in full effect. That's usually pretty hard to prove, though, because the testator has already passed away when the issue usually arises.

The relevant statutory provision is ORC Ann. 2107.38. It reads:

“If a testator executes a second will, the destruction, cancellation, or revocation of the second will shall not revive the first will unless the terms of the revocation show that it was the testator's intention to revive and give effect to the testator's first will or unless, after the destruction, cancellation, or revocation of the second will, the testator republishes the testator's first will.”

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the revocation clause of a will?

A revocation clause in a will explicitly states the testator's intention to revoke any previous wills. It serves to clarify that the new will is the only valid one, ensuring that earlier documents are no longer effective. In Ohio, a will can be revoked by a subsequent will or by a clear statement of revocation. It's important to include this clause to avoid confusion about the testator's wishes.

In what three ways can a will be revoked after?

A will can be revoked in three primary ways: 1) By creating a new will that explicitly states the previous will is revoked; 2) By physically destroying the will with the intent to revoke it; or 3) By a written declaration that indicates the intent to revoke the will. In Ohio, these methods help ensure that the testator's most current wishes are honored.

Does a new will override an old will if you?

Yes, in Ohio, a new will typically overrides an old will if it clearly states that it revokes the previous one. The new will must be properly executed according to Ohio law to be valid. This means it should be signed and witnessed according to the state's requirements. If the new will is valid, the old will is no longer effective.

In what three ways can a will be revoked?

A will can be revoked in three main ways: 1) By executing a new will that includes a revocation clause; 2) By physically destroying the will, such as tearing or burning it, with the intent to revoke; and 3) By a written statement that clearly indicates the intent to revoke the will. Each method must reflect the testator's intent to ensure the revocation is valid.

What makes a will null and void?

A will can be considered null and void for several reasons: 1) If it was not executed according to state laws, such as lacking proper signatures or witnesses; 2) If the testator lacked the mental capacity to make a will at the time of its creation; or 3) If it was obtained through fraud or undue influence. In Ohio, these factors can invalidate a will.