Basics of Wills in Minnesota

Revoking a Will

A will or any part thereof is revoked under the following circumstances:

If a subsequent will that revokes the previous will or part expressly or by inconsistency is executed.

If a revoking act is performed, and if the testator performed the act with the intent and for the purpose of revoking the will or part or if another individual performed the act in the testator's conscious presence and by the testator's direction.

Acts that revoke a will can include burning, tearing, canceling, obliterating, or destroying the will or any part of it. Burning, tearing, or canceling may be a an act that revokes the will whether or not the burn, tear, or cancellation touched any of the words on the will.

If a subsequent will does not expressly revoke a previous will, executing the subsequent will revokes the first will by inconsistency if the testator intended the subsequent will to replace rather than supplement the previous will.

The testator is presumed to have intended a subsequent will to replace rather than supplement a previous will if the subsequent will makes a complete disposition of the testator's estate. If this presumption arises and is not rebutted by clear and convincing evidence, the previous will is revoked; only the subsequent will is operative on the testator's death.

The testator is presumed to have intended a subsequent will to supplement rather than replace a previous will if the subsequent will does not make a complete disposition of the testator's estate. If this presumption arises and is not rebutted by clear and convincing evidence, the subsequent will revokes the previous will only to the extent the subsequent will is inconsistent with the previous will; each will is fully operative on the testator's death to the extent they are not inconsistent.

Reinstating a Revoked Will

A will that is revoked can be, in a sense, unrevoked. However, reinstatement (called revival in legal terms) is not automatic.

If a subsequent will revokes a previous will, and the subsequent will is revoked, the first will remains revoked unless it is revived either explicitly or by way proving that the testator intended to reinstate the will to its formerly valid status.

There are other, complicated circumstances where wills are partially revoked and revived. It is wise to consult an attorney if you are unsure of the status of a will. Filing properly from the beginning can save both time and money.

Contact a Minnesota Lawyer

Wills are an important part of life. Having a will means your wishes are carried out when you die. It also means less stress and hassle for your family. Please contact me, a Minnesota attorney, for more information.