Establishing a Will is a process that requires you to think about what you want to happen to your property when you are no longer around. During your lifetime, you have flexibility to update this Will as needed.
Based on changes in your life, you might find it necessary to revisit your Will with your Michigan estate planning attorney and discuss changes that should be made.
In some cases, you might need to completely rewrite the Will and revoke your previous Will in full. There are a few different ways that you can revoke a Michigan Will under the law. When considering whether a Will has been revoked, one of the most important considerations is the overall intent of the creator of the Will, known as the “testator.”
The testator’s act of physically destroying a Will may serve as proof that the Will has been revoked. Since only an original Will is recognized by law, a photocopy of that destroyed Will cannot be substituted. Physical destruction of a Will includes canceling, burning, tearing or otherwise destroying the Will. In Michigan, the act of destroying the Will does not necessarily need to be carried out by the testator directly to establish the testator’s intent to revoke the Will, so long as the destruction was carried out at the testator’s direction and with the intent to unmake or revoke the Will.
However, simply destroying a Will without a replacement or explanation will likely raise questions surrounding the testator’s intent. Another way to revoke a Michigan Will is to execute a different Will that is intended to supersede the original Will. In virtually any situation, it is advisable to sit down with your Michigan estate planning attorney and discuss the creation of a new Will that incorporates any terms you want to keep from your previous Will. If you are wondering how this may apply to you or if you want to unmake or remake your Will, please contact our office to discuss the best course of action for your unique situation.