As long as an individual has legal capacity, he or she may revoke his or her own Will. Sometimes, Wills are inadvertently revoked. For example, a presumption of revocation arises when a Will was known to be in the testator’s possession, but neither it, nor a copy of it can be located in the testator’s possession at death. This is one of the reasons we recommend clients keep their Wills and other legal documents in a secure location, such as a safe or safety deposit box.
Another type of implied revocation occurs when an individual gets divorced. If he or she had a Will naming his or her spouse, the Will is deemed revoked as to the divorced spouse. In some cases, particularly where the divorce is amicable, an individual may continue to want to make a gift to an ex-spouse, or may want the ex-spouse to have custody of minor children. In these cases, it is important that a new Will or Codicil be drafted that clearly states these wishes.