How NOT to revoke a will.

Wills, man.

The concept is as old as recorded history and simple enough: before you die, you memorialize how you want your assets handled when you pass away. Indeed, versions of what we call the “last will and testament” stretch back to ancient Egypt, Greece, and Rome.

Now getting it right is downright tricky. Not just any writing will do. It has to contain certain provisions to pass muster as a “will.” It must be witnessed by two adult persons. It can be handwritten, but most attempts at handwritten wills fail miserably. It can’t be oral. And internet or AI-generated wills are juicy targets for would-be contestants and their lawyers.

But revoking a will? That is, changing your mind and getting rid of your will before you die? That’s easy enough…right?

Well…sort of.

You can revoke a will a number of ways.

You can make a new will that revokes, by its terms, your old will.

You can write “VOID” or “REVOKED” across the face of your will.

You can tear it in two with an intent to revoke (best to have a witness if you do this).

You can burn it, again with an intent to revoke (and again, best with a witness, lest somebody say you simply “lost” your will and tries to probate it from memory anyway).

But get this: you can’t revoke a will by a writing that says “I revoke my will.” Even if it’s witnessed by two people. Even if it’s notarized. Even if it’s notarized by the Pope.

Seems weird, but that’s Alabama law. The only writing that can revoke a will is a new will — a new writing that makes a testamentary disposition of your estate. That’s Section 43-8-136 of the Alabama Code (it must be a “subsequent will”), as interpreted in Brown v. Brown, 21 So. 3d 1 (Ala. Civ. App. 2009), where the court rejected a so-called “revocation document” that purported to “revoke all last wills and testaments” by the signer.

Once you’ve made an enforceable and properly executed will, you can’t sign a paper to go back to your intestate (that is, without-a-will) status. You can only do that by burning, tearing, canceling, obliterating, or destroying the will — or by making a new will.

This issue came up for a client recently. She stood to inherit from a step-relative’s estate under a will. But on his deathbed, under pressure from family, the step-relative apparently signed a piece of paper stating his desire to revoke his will and die intestate. It was even notarized by a lawyer and signed by two witnesses. But no matter: we prevailed because Alabama law won’t let someone revoke a will by anything other than another, subsequent will.

This is the Singing River Difference in estate litigation: understanding, inside and out, Alabama estate law, finding the wrinkles and highlighting them for the court — and for our clients.