The will is a fundamental instrument for those who wish to define the distribution of their assets or make decisions regarding personal matters after their death. But did you know that this document can be freely revoked?
Although legally valid, a will is not final and can be altered or annulled by the testator whenever they wish. However, there are exceptions, such as in the case of adoption, which cannot be revoked, even if the document is later modified or annulled.
How can a Will be revoked?
The revocation can be total or partial, depending on whether all the provisions are annulled or only some. There are three main forms of revocation:
1. Express Revocation
The testator can clearly and directly express the intention to revoke the previous will. This can be done by drafting a new document or through a public deed.
2. Tacit Revocation
This occurs when a new will contains provisions that conflict with those of the previous document. For example, if in 2024 a person bequeaths a property to a friend and, in 2025, in a new document, decides to leave that same property to a family member, the previous provision is considered to have been tacitly revoked.
3. Actual Revocation
Actual revocation applies to sealed wills (e.g., those written and signed by the testator themselves). This type of revocation happens if the will is physically destroyed, but only if the destruction is intentional by the testator – in such cases, the will is considered “nullified.”
However, there is another case of revocation, applicable to bequests included in public (notary-drafted) or sealed wills: the alienation of the property object of the bequest.
So, if the testator bequeaths a valuable watch to a family member, but, before their death, ends up selling that same watch to a third party, the bequest is considered revoked, even if the testator reacquires ownership of the item.
The will is a document of great importance, but it is not an immutable act. Its revocation is a right of the testator and can be done in different ways, depending on the situation.
To ensure that your wishes are fulfilled in the best way, it is always advisable to seek the support of a professional in Succession Law. If you have any questions, contact us. We are available to clarify all your concerns.
