Define: Implied Revocation Of Wills

Implied revocation of a will refers to the legal presumption that a will has been revoked based on certain actions or circumstances, even if there is no explicit statement of revocation.

Actions that can imply revocation of a will include destroying or mutilating the will, creating a new will that is inconsistent with the previous one, or getting married or divorced after the will was made.

No, implied revocation requires intentional actions. If a will is lost or destroyed accidentally, it may still be valid if there is evidence of its existence and contents.

Yes, implied revocation can be challenged in court if there is evidence to suggest that the actions or circumstances were not intended to revoke the will.

If a will is impliedly revoked, it is treated as if it never existed. The deceased person’s estate will be distributed according to the laws of intestacy, which determine how assets are distributed when there is no valid will.

In some cases, a revoked will can be reinstated if there is evidence to prove the deceased person’s intent to revive the will. This usually requires clear and convincing evidence.

To prevent your will from being impliedly revoked, it is important to keep it in a safe place, inform your loved ones about its existence, and regularly review and update it to reflect any changes in your circumstances.

Yes, a new will can revoke a previous will even if it does not explicitly mention it, as long as the new will is inconsistent with the previous one.

In many jurisdictions, a divorce automatically revokes any provisions in a will that benefit the former spouse. However, other provisions of the will may still remain valid.

Implied revocation can apply to other estate planning documents, but the specific rules may vary depending on the jurisdiction and the type of document. It is important to consult with an attorney to understand the implications for each document.