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How is a Will revoked/cancelled?

In each state, different statutory rules may apply to the cancellation or revocation of a Will.

A Will can be revoked (cancelled) by the person who made the Will if they have the capacity to do so. There are many ways to revoke a Will including by making a written declaration executed in the same manner as a Will is required to be executed or by destroying the Will with the intention of revoking it.

Typically, marriage or divorce will also revoke a Will, unless the Will is made in contemplation of the marriage or divorce.

Generally, the most recent Will revokes an earlier Will. It is usual to include a statement in a Will revoking all previous Wills. This statement will ensure there is no conflict about which Will applies.

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