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Destroying A Will

Wills are so important that when it comes to needing to destroy one, it isn’t as simple as just putting it in the bin. If you decide that you no longer want your will, or you have written one that supersedes it, then you need to ensure that it really has been destroyed. And that means not just the original, but the copies as well.

The main thing to remember when destroying a will is that it must look intentional. You must destroy it in such a way that it is clear you intended to do it. Just a little tear, or a partially burned document won’t count; it could have been an accident. Tearing the will into many pieces or burning it entirely to ash will count, as this will be seen as definitely wanting to destroy it. Copies must be destroyed as if they are not, the destruction of the will will be seen as accidental, so the will will not be revoked.

If a will is destroyed by mistake, by some accident, for example, then it is still perfectly valid. It is the intention behind the destruction that will be taken into account. However, if your will is accidentally destroyed, it is best to make a new one. This is where a copy or copies of your will will play an important part.

If you are unable to destroy your will for any reason – such as a physical disability – then someone else may destroy it on your behalf. However, you should bear in mind that it must be done in your presence.

If you are unsure about anything relating to your will, and what you can and can’t do regarding it, simply contact us. We’re here to help you.

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