Revoking a Will
New Jersey Statute: 3B:3-13 (Revocation by acts of Testator);
3B:3-14 (Revocation by divorce or annulment)
Anyone who makes a will can cancel or "revoke" it at any time. A will is revoked or canceled if:
- A new will is created; or
- A person destroys his or her current will with the intention of revoking or canceling it.
A person can destroy a will by burning it, tearing it up or obliterating it.
A will that is accidentally destroyed is not revoked. The destruction of the will must be intentional to revoke it.
DIVORCE or ANNULMENT
- If a person is divorced, or gets an annulment, the part of that person’s will that refers to a former husband or wife is automatically revoked unless the will specifically states otherwise.
- However, if a divorced couple marries each other again, those parts of their wills voided by virtue of the divorce will automatically be reinstated by law.
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