Kushner estate lawyers in Vancouver discuss how to revoke an old will to create a new one
Vancouver, BC -- (ReleaseWire) -- 10/24/2018 -- Wills are a tricky business at the best of times. When expectations and loss are at play, gift giving can be difficult. That's why estate lawyers work hard to make sure the will maker's wishes are expressed as clearly as possible. If at some point a will maker decides to create a new will, it's important to revoke the old one to minimize any misunderstanding and confusion. For more, go to: http://www.kushnerlaw.ca/revocation-of-wills/
If a will already exists, creating a new document doesn't automatically revoke the old one. Before making a new will, Section 55 of the Wills, Estates and Succession Act provides specific requirements as to how one can properly revoke a valid old will:
(1) A will or part of a will is revoked only in one or more of the following circumstances:
(a) by another will made by the will-maker in accordance with this Act;
(b) by a written declaration of the will-maker that revokes all or part of a will made in accordance with section 37 [how to make a valid will];
(c) by the will-maker, or a person in the presence of the will-maker and by the will-maker's direction, burning, tearing or destroying all or part of the will in some manner with the intention of revoking all or part of it;
(d) by any other act of the will-maker, or another person in the presence of the will-maker and by the will-maker's direction, if the court determines under section 58 that
(i) the consequence of the act of the will-maker or the other person is apparent on the face of the will, and
(ii) the act was done with the intent of the will-maker to revoke the will in whole or in part.
(2) A will is not revoked in whole or in part by presuming an intention to revoke it because of a change in circumstances.
It should be noted that most n ew wills drafted by estate lawyers will revoke a previous will in the first line of the document. For help in drafting a will or for anyone involved in estate litigation, seeking legal counsel is strongly recommended.
To speak to an estate lawyer at Kushner Law Group, call 604-629-0432 or schedule a consultation.
About The Kushner Law Group
The Kushner Law Group was founded on the principle that a small law firm should be able to offer the same level of legal advice as a big firm at an affordable cost. A unique combination of legal experience and creativity allows the professionals at Kushner to come up with creative and practical solutions for a variety of legal problems.
For additional information, please visit http://kushnerlaw.ca/ or call 604-629-0432.
Kushner Law Group
Phone 604-629-0432 Fax 604-689-4451
Company website: http://kushnerlaw.ca/
1008 Beach Ave #105
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