Written by Harman Kang
Did you know all properly executed Wills may be revoked regardless even if the language says it’s not revocable and even if the will maker covenants not to revoke the will?
There are essentially three ways you can revoke a will. The first is by creating a new valid will that states you are revoking all previous wills. Second is to sign a formal declaration to revoke the will and lastly is to destroy the will with the intention to revoke it. In order to destroy the will, it must be destroyed by either the will maker themselves or by someone else in the will makers presence.
There is a common misconception that upon separation a will is revoked, however this is incorrect. Separation under the FLA or Divorce Act does not revoke the entire will, rather any gifts made to the will makers spouse will be distributed as if the spouse had deceased before the will maker.
Ultimately, a will could also be revoked even if the revocation does not fully comply with the formal requirements of revocation as long as the court determines that it was the intention of the will maker to revoke the will.
To learn more or to discuss your specific situation, please contact one of our experienced lawyers at 604 265 8400 .