How to change or cancel a will

There are all sorts of reasons you might want to change your will. Maybe a relationship ended. Maybe there is a new person in the family, or your finances look very different than they did a few years ago.

Whatever the reason, it is common to reach a point where your will no longer matches your life. If that happens, it is worth cancelling the old one properly. Cancelling a will is usually called revoking it.

Will rules are set by each state, so the steps below work differently depending on where you live. Check what your state requires before you rely on any of them.

Write a new will
The most common way to revoke a will is to write a new one. Your new will should say clearly that it cancels every will you made before. Rules differ by state, so check what your state requires.

This is also the tidiest option, because you end up with one current document instead of an old one that no longer applies and nothing to replace it.

Destroy the old will
In many states you can revoke a will by destroying it, along with any copies, by shredding or burning it. Some states require you to do this yourself, or to have someone do it in front of you and at your request.

It usually has to be clear that you meant to destroy it. A partly torn will can leave room for argument later. Rules vary by state, so it is worth confirming what applies where you live.

Destroying a will on its own leaves you with no will at all. Most people destroy the old one at the same time as signing a new one.

Write "REVOKED" on each page
Some states let you cancel a will by writing REVOKED across each page and adding your signature and the date. Other states do not accept this, and in some places it can create confusion rather than cancel anything. If you are thinking about this route, talk to an attorney licensed in your state first.

Sign a seperate written declaration
If you cannot write a new will, or you cannot get to the one you already have, you may be able to cancel it by signing a separate document that says you are revoking your will.

In many states this document has to be signed and witnessed the same way a will is. Check your state’s rules before you rely on it.

What a divorce does to your Will
Divorce is the one life event that changes a will on its own in most states. It does not cancel the whole document. It cancels the parts that involve your former spouse.

In most states, once a divorce is final, the law treats your former spouse as though they had died before you. Gifts you left them are cancelled. So is any role you gave them, such as executor. Whoever you named as a backup usually steps in instead. If you did not name a backup, that share may pass under your state’s rules for people who die without a will.

California is a good example. Under California Probate Code section 6122, unless the will says otherwise, a divorce or annulment cancels any gift to the former spouse and any provision naming them as executor, trustee, conservator or guardian. Some states go further than this and also cancel gifts to the former spouse’s relatives. Check what your state does.

Separating is not the same as divorcing. In many states, a legal separation that does not end the marriage leaves your will exactly as it was. Your spouse stays in it until you change it or the divorce is final.

A divorce also does not reach everything you own. Retirement accounts and life insurance usually go to whoever is named on the account itself, and those forms sit outside your will. It is worth checking them separately after a divorce.

Because these rules only tidy up around your former spouse, they do not build the plan you actually want. Writing a new will is the way to say clearly who gets what now.

Taking the next step

You can write or update your will online with EveryWill, and it costs you nothing. Charities cover the cost, and you can choose to leave a gift to one if it feels right.

The information provided in this article is for general informational purposes only and does not constitute legal advice. Laws vary by state. For advice specific to your situation, please consult a licensed attorney in your state.