In California, a will can be revoked by a new will that specifically revokes the old one, or by destroying the will by physical act. A physical act can include burning, tearing, canceling, obliterating or destroying the will. This must, however, be done by the person who created the will.
A revocable living trust revocation is different. It is governed by the terms of the trust. For example, the trust may allow for revocation through a signed writing by the Trustor or Settlor that is delivered to the Trustee. A trustor could also take the assets out of a trust, and the trust would cease to have control over the assets.
Revoking a will or revocable living trust is fairly straightforward, but it is important to make sure it is done in the right way. An attorney who is knowledgeable of wills and trusts can assist you if you are considering revoking your will or trust.
Contact Mendes Weed, LLP for Advice
If you want more information about revoking a will or trust, Mendes Weed, LLP may be able to help. With offices in Sacramento, San Francisco, and Walnut Creek, we’ve been helping clients in the Bay Area and beyond feel confident that their future wishes are taken care of per their instructions. Contact us for more information.