Understanding Implied Revocation of Will and Its Legal Significance
Definition & meaning
The implied revocation of a will occurs when a testator's actions or life changes automatically cancel their existing will without the need for explicit revocation. This typically happens due to significant events such as marriage or the birth of a child after the will was created. These changes can affect the distribution of the testator's property and the rights of beneficiaries, leading to a situation where the original intentions outlined in the will may no longer be valid.
Legal use & context
Implied revocation is commonly encountered in estate planning and family law. It is essential for individuals to understand how changes in their personal circumstances can impact their estate plans. Legal practitioners often advise clients to update their wills after major life events to ensure their intentions are clearly reflected. Users can utilize legal templates from US Legal Forms to create or modify their wills effectively.
Real-world examples
Here are a couple of examples of abatement:
Example 1: A person writes a will naming their siblings as beneficiaries. Afterward, they get married and have a child. The marriage and birth can imply the revocation of the previous will, as the testator may now wish to include their spouse and child as beneficiaries.
Example 2: A testator creates a will that leaves their estate to a friend. If the testator has a child after the will is made, the birth of the child may imply that the will is revoked, as they may want to include the child in their estate planning. (hypothetical example)