Revocation of a Will

07 Feb Revocation of a Will

The revocation of a will is a fundamental right of the testator, allowing them to modify or cancel previous provisions of their last will. According to the Civil Code, articles 1763 to 1768 regulate the methods and consequences of revoking a will.

Methods of Revoking a Will 

Article 1763 of the Civil Code provides two main methods for revoking a will:

• Subsequent Will: The testator may revoke a previous will by explicit declaration in a new will. If the subsequent will is revoked, the previous will comes back into effect as if it had never been revoked.
• Declaration in front of a Notary: The revocation can be made by the testator’s declaration in the presence of a notary and three witnesses, following the formalities of notarial documents. If this declaration is revoked in the same manner, the will acts as if it had never been revoked.

Implied Revocation 

Article 1764 of the Civil Code states that a subsequent will only cancels the previous one to the extent that it is in conflict with it. This means that even without an explicit declaration of revocation, the provisions of the new will that are incompatible with the previous one are considered to implicitly revoke it. If the subsequent will is revoked, the previous will acts as if it had never been revoked.

Freedom to Revoke 

The ability to revoke a will at any time reflects the principle of the testator’s freedom to shape their last will. This right is inalienable and cannot be restricted, ensuring that the testator can adjust their provisions according to the changing conditions of their life.

Revocation of a Holographic Will 

A holographic will can be revoked if the testator intentionally destroys the document or makes changes to it, which typically express the intention to revoke a written declaration. If the testator destroyed the document or altered it in the noted manner, it is presumed that they intended to revoke the will.

Revocation of a Secret Will 

A secret will is considered revoked if the testator retrieves the document containing their last will, which had been handed over to the notary and sealed. This provision also applies if the document is deemed to have the force of a holographic will. The testator may act at any time to retrieve it. The document can only be personally handed over to the testator. A formal act is compiled according to common provisions under the act of drafting the secret will.

Consequences of Revocation 

With the revocation, the will ceases to be effective, and the inheritance succession is determined either by a subsequent will or, in its absence, by the provisions of intestate succession. It is important to note that the revocation can be total or partial, affecting respectively the entire or part of the provisions of the will.

Conclusions 

Revoking a will is a critical tool that allows the testator to ensure that their last will reflects their current wishes and life circumstances. Understanding the legal aspects of revocation is necessary for the proper management of inheritance matters.

At Law Firm Karpouzis – Lianou & Associates, we provide specialized legal services in the field of inheritance law. Contact us for personalized advice and information about your rights.