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Impact of Remarriage on Estate Planning and Inheritance
https://legiswiki.com/en/p/10178/impact-of-remarriage-on-estate-planning-and-inheritance
Remarriage can significantly affect estate planning and inheritance, impacting both the distribution of assets and the rights of beneficiaries. Here are some key considerations: 1. Estate Plan Updates Remarriage often necessitates updating an existing estate plan to ensure it reflects the new famil...
Contesting a Parent's Will in New York
https://legiswiki.com/en/p/10172/contesting-a-parents-will-in-new-york
Contesting a parent's will in New York involves several key considerations and legal grounds. Here's a summary of the process and requirements: Legal Grounds for Contesting a Will To contest a will in New York, you must have valid legal grounds. These include: Lack of Testamentary Capacity: The de...
Statute of Limitations for Contesting a Will in New York
https://legiswiki.com/en/p/10180/statute-of-limitations-for-contesting-a-will-in-new-york
The statute of limitations for contesting a will in New York generally depends on the grounds for contesting and when the will was admitted to probate: Standard Deadline: Typically, a will contest must be filed within two years from the date the will is admitted to probate in Surrogate’s Court. So...
Disinheritance of Children in New York Estates
https://legiswiki.com/en/p/10176/disinheritance-of-children-in-new-york-estates
In New York, parents have the legal right to disinherit their children. This means a parent can exclude a child from inheriting any part of their estate by either expressly stating the disinheritance in a valid will or by simply not making any provision for the child in their estate plan. Key points...

Automatic Revocation Of Wills

Automatic revocation of wills refers to situations where a will is rendered invalid by operation of law, without the testator (the person who made the will) taking explicit action to revoke it. This means the will is considered revoked automatically due to certain life events or legal circumstances.

Key examples of automatic revocation include:

  • Marriage or civil partnership: In many jurisdictions, a will is automatically revoked upon the testator’s marriage or entering into a civil partnership, unless the will was explicitly made in contemplation of that marriage or partnership. This is based on the legal presumption that marriage changes a person’s financial and inheritance intentions, typically favoring the new spouse as a beneficiary.

  • Divorce or annulment: Divorce or annulment can automatically revoke any provisions in the will that benefit the former spouse or their family, reflecting the change in the testator’s personal circumstances.

  • Execution of a new will: Creating and executing a new will generally revokes any previous wills, unless the new will explicitly states otherwise.

  • Physical or electronic destruction: If the testator intentionally destroys the will document (e.g., tearing, burning, deleting an electronic will) with the intent to revoke it, this act can automatically revoke the will.

Automatic revocation ensures that a will does not remain valid when significant life changes occur that likely alter the testator’s intentions. However, exceptions exist, such as wills made in contemplation of marriage, which remain valid despite the marriage event.

In summary, automatic revocation of wills happens by operation of law when certain life events (like marriage or divorce) or actions (like making a new will) occur, invalidating the existing will without the testator needing to take explicit revocation steps.

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