• Patrick D. Newton is a North Carolina Board Certified Specialist in Estate Planning and Probate Law.

What should I do with my Old Will?

Signing a new Will automatically revokes all prior Wills.

Under North Carolina law, revoking a will or any part of a will can be revoked a variety of ways:

  • a subsequent will or codicil
  • a writing executed in the same manner as a will showing intent to revoke
  • physically destroying the Will with intent and for the purpose of revoking it.

One of these actions must be taken by the testator him or herself or by another person in the presence of the testator and at the testator’s direction.

To avoid any possible confusion or question of what your intent is, it is recommended that your destroy your old will upon creating a new, valid one.

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