As the creator of a will, it is your responsibility to decide whether or not this document continues to support your estate planning wishes and concerns. If you make the decision that this document no longer reflects what you hope to accomplish in your estate planning, you can revoke it.
One common issue that emerges in relation to revoking a will in Massachusetts is what steps must be taken to formally invalidate the will and decrease the chances of a will contest.
An easy way to ensure there’s no confusion in the future is to physically destroy the old will copy once you have created a new one. Make sure that you don’t tear up or throw away the old will until you have sat down to create a new one and have stored that new one safely.
Typical approaches to revoking your will in Massachusetts via physical destruction includes safely burning it or shredding it. This must be done intentionally, meaning that any accidental destruction of your Massachusetts will does not necessarily make your will revocation valid. When the will has been completely destroyed physically, consider whether anyone else had copies of the older version, too. Some testators even choose to make video evidence of their old will destruction to confirm it was their intention to fully revoke that document.
The will must be completely destroyed rather than only crossing out words, as this in and of itself is not deemed an adequate form of revocation. If you intend to revoke or change a will that you have created in the Commonwealth of Massachusetts, this is a process that should be discussed directly with your lawyer.
