We are OPEN during these trying times to make sure we can still support you in all your legal matters.

Please know you can call us to schedule appointments that will be conducted via teleconference or video-conference for any of your legal matters. Be well and stay safe.
Silvi, Fedele & Honschke Attorneys at Law, L.L.C.
Phone 732-504-3841 Toll Free 877-251-5491
En Espanol

How do you revoke a will in New Jersey?

Those who see to their estate planning early on in their lives in Ocean County are to be commended. Yet circumstances can change over time, and the wishes and desires of a testator may evolve with them to the point of him or her wanting to completely change his or her earlier will. Yet often times it may not be enough for your family member or friend to simply amend his or her old will; rather, the entire document may need to be completely revoked. The question then becomes how does one do that. 

You can find the exact guidelines on how to revoke a will in Section 3B:3-13 New Jersey's state statutes. If your loved one has a flair for the dramatic, he or she can choose to revoke a will through a "revocatory act." This may include: 

  • Burning a will
  • Tearing it up 
  • Otherwise completely obliterating it

Interestingly, the will itself does not necessarily need to be physically destroyed in order to be revoked in this matter. As long as the testator indicates an intent to perform a revocatory act on a will, it is considered revoked. Thus, one cannot preserve a copy and then present it later as a valid will. 

If, however, your family member or friend is looking for a more low-key method of revoking his or her will, he or she can just create a new one. Even after he or she is gone, the subsequent invalidates the first if it is inconsistent with the earlier one and you can testify as to the testator's intent. The same is true if a subsequent will details the complete disposition of your loved one's estate. If it does not, then the subsequent will is simply viewed as supplementing this first. 

No Comments

Leave a comment
Comment Information
Email Us For A Response

Have A Legal Question?

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Our Office Locations

Toms River Office
189 Route 37 West
Suite 1
Toms River, NJ 08755

Toll Free: 877-251-5491
Phone: 732-504-3841
Toms River Law Office Map

Forked River Office
623 Lacey Road
Suite 3
Forked River, NJ 08731

Toll Free: 877-251-5491
Phone: 732-504-3841
Map & Directions

Bricktown Office
74 Brick Boulevard
Building 2, Suite 112, Unit 3
Bricktown, NJ 08723

Toll Free: 877-251-5491
Phone: 732-504-3841
Map & Directions