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Can I revoke my will in Wisconsin by creating a new one or destroying it?

Can I revoke my will in Wisconsin by creating a new one or destroying it?

Full question:

I’m a bachelor living in Wisconsin. I made a will in favor of my niece 4 years ago. Now I wanna revoke it. Can I revoke the will by another will or by destroying it? Can I revoke a part of it?

Category: Wills and Estates
Subcategory: Revocation
Date: 04/07/2025
State: Wisconsin

Answer:

In Wisconsin, you can revoke your will in whole or in part by creating a new will or by destroying the existing one. A new will can revoke the previous will either explicitly or by inconsistency. If you intend for the new will to replace the old one, it will revoke the old will completely, even if it doesn't state that explicitly. If the new will does not fully dispose of your estate, it will only revoke the previous will to the extent of any inconsistencies.

You can also revoke your will by physically destroying it—this includes burning, tearing, or otherwise obliterating the will or part of it. This act must be done with the intent to revoke, either by you or by someone else in your presence and at your direction. This is outlined in Wis. Stat. § 853.11.

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 makes a will null and void?

A will can be considered null and void if it is not created according to state laws, if the testator lacked the mental capacity to make a will, or if it was made under undue influence or fraud. Additionally, if a will is revoked by a subsequent will or by physical destruction, it becomes void. In Wisconsin, specific statutory requirements must be met for a will to be valid, as outlined in Wis. Stat. § 853.03.

In what three ways can a will be revoked?

In Wisconsin, a will can be revoked in three primary ways: by creating a new will that explicitly revokes the old one or is inconsistent with it, by physically destroying the existing will with the intent to revoke, or by a written declaration that meets legal requirements. Each method must clearly indicate the testator's intention to revoke the previous will.

What forces a revocation of a will?

A revocation of a will can be forced by the creation of a new will that explicitly states the intent to revoke the old will or by the physical destruction of the will. Additionally, certain events, such as divorce or marriage, may automatically revoke a will under Wisconsin law, depending on the circumstances surrounding the changes in the testator's life.

How to revoke a will in Wisconsin?

To revoke a will in Wisconsin, you can either create a new will that explicitly revokes the old one or destroy the existing will physically. Destruction can include burning, tearing, or otherwise obliterating the will. It is important that these actions are done with the intent to revoke, either by the testator or by someone else in their presence and at their direction, as stated in Wis. Stat. § 853.11.

In what three ways can a will be revoked after?

A will can be revoked after its creation in Wisconsin by: 1) executing a new will that explicitly revokes the previous one, 2) destroying the original will with the intent to revoke, or 3) creating a written declaration that meets legal standards for revocation. Each method must clearly demonstrate the testator's intent to revoke the prior will.

Which of the following revokes a will?

A will can be revoked by creating a new will that conflicts with the old one, by physically destroying the old will, or by a legal declaration that indicates the intent to revoke. In Wisconsin, any of these actions, if performed with the appropriate intent, will effectively revoke the previous will as outlined in Wis. Stat. § 853.11.

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