How can my husband revoke his will in Alabama?

Q: Does a will take precedence over a marriage?

In Alabama, a will does not take precedence over marriage. If a person creates a will before marriage, the marriage may revoke any provisions made for a spouse unless the will explicitly states otherwise. Thus, marriage affects the distribution of assets, and new wills should be created to reflect changes in marital status.

Full question:

My husband made a will before he got married to me. Now he wants revoke his will and make a new one. How can he go about it? We live in Alabama.

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

Answer:

Your husband can revoke his will in several ways according to Alabama law. He can create a new will that states his intention to revoke the old one. If the new will conflicts with the old will, the old will is automatically revoked.

Another method is for him to physically destroy the old will—by burning, tearing, or obliterating it—with the intent to revoke it. He can do this himself or have someone else do it in his presence, but if someone else does it, there must be two witnesses to confirm his consent.

If your husband divorces you or if your marriage is annulled after the will was made, any provisions for you in the will are revoked. However, if you remarry, the will is revived. A separation does not revoke the will.

Additionally, if he marries after creating the will, it does not affect your rights as a spouse unless the will explicitly states he intended to omit you or has made provisions for you outside the will.

For more details on revoking a will and the rights of spouses and children, refer to the Alabama Probate Code, specifically Code of Ala. § 43-8-136, § 43-8-137, § 43-8-138, § 43-8-90, and § 43-8-91.

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

Does a deed override a will in Alabama?

In Alabama, a deed can override a will if the property is transferred through the deed before the owner's death. A deed is a legal document that conveys ownership, and once the property is transferred, it is no longer part of the estate that the will governs. Therefore, if a property is deeded to someone, it cannot be distributed according to the will. Always ensure that property transfers are properly documented to avoid disputes.

Can my husband take me out of his will?

Yes, your husband can remove you from his will in Alabama. He can do this by creating a new will that explicitly states his intention to revoke the previous will or by physically destroying the old will with the intent to revoke it. However, if he wishes to make provisions for you in a new will, he should clearly outline those intentions to avoid any confusion.

Does a will override marital property?

In Alabama, a will does not override marital property laws. Property acquired during marriage is generally considered marital property and is subject to equitable distribution upon divorce. A will can dictate the distribution of separate property, but it cannot change the ownership rights of marital property unless both spouses agree otherwise. It's important to consult a legal professional for specific situations.

What forces a revocation of a will?

In Alabama, a will can be revoked by several means: creating a new will that states the intention to revoke the old one, physically destroying the old will, or through divorce or annulment, which revokes provisions for a spouse. If a new will conflicts with the old, the old will is automatically revoked. Always ensure that revocations are clear to avoid legal disputes.

Does a will supersede marital property?

No, a will does not supersede marital property laws in Alabama. Marital property is subject to equitable distribution and cannot be altered by a will. While a will can dictate the distribution of separate property, it cannot change the ownership of marital assets acquired during the marriage. For specific cases, it is advisable to consult with a legal professional.

Does a will take precedence over a marriage?

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