Wills

Question 1

When is a will revoked?

Answer 1

A will may be revoked by (1) the execution of a new will or (2) some physical act, such as cancellation or other writings on the will, if the testator—or someone acting at the testator’s direction—performs the physical act with the intent to revoke the will. The burden of proof to establish that a validly executed will has been revoked is upon the party seeking to revoke the will.

Question 2

When is an afterborn child entitled to a “pretermitted child” share?

Answer 2

Most states have “pretermitted child” statutes to avoid disinheriting children born after the execution of a will. Under many of these statutes, a child born to a testator after the testator’s will is executed is entitled to whatever share of the testator’s estate the child would have received if the testator had died intestate.