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Understanding Non Refert Verbis An Factis Fit Revocatio in Law
Definition & Meaning
The phrase "non refert verbis an factis fit revocatio" translates to "it does not matter whether a revocation is effected by words or by acts." This legal maxim indicates that the method of revocation"whether spoken or performed through actions"is irrelevant; what matters is the intention to revoke. This principle is often applied in various legal contexts to determine the validity of revocations in contracts, wills, and other legal documents.
Table of content
Legal Use & context
This maxim is commonly used in contract law and estate planning. It emphasizes that a party can revoke an agreement or a legal document through either verbal communication or physical actions. For instance, in the context of wills, a testator may revoke a previous will by creating a new one or by physically destroying the old one. Users can manage these processes themselves using legal templates available through resources like US Legal Forms, which provide guidance on drafting revocations correctly.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A person who has created a will may decide to revoke it by drafting a new will that states the previous one is no longer valid.
Example 2: A business partner may verbally inform their partner that they are withdrawing from a partnership, thereby revoking their participation. (hypothetical example)
State-by-state differences
Examples of state differences (not exhaustive):
State
Revocation Method
California
Allows both written and oral revocation of wills.
New York
Requires a written document for revocation of wills.
Texas
Permits revocation by physical destruction or a new will.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
Revocation
The act of canceling or withdrawing a legal document.
General term; applies to all types of documents.
Rescission
The cancellation of a contract to restore parties to their original positions.
Specific to contracts; involves restoring original conditions.
Common misunderstandings
What to do if this term applies to you
If you need to revoke a legal document, consider the following steps:
Determine your intent to revoke clearly.
Choose your method of revocation"either by drafting a new document or taking appropriate actions.
Utilize legal templates from US Legal Forms to ensure compliance with state laws.
If the situation is complex, consult a legal professional for tailored advice.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.